Assessment of provisional rent

Rent Act -- Cheque was tendered, when it was presented by the landlord for the purpose of realization, it was dishonored by the Bank – Plea that there is an error on the part of Rent Controller in not assessing the exact amount, which is to be paid on the first date of hearing, can not be raised in this case -- Once there is a default on the part of the tenant of not depositing the provisional rent on due date as determined by the Rent Controller then the tenant is liable to vacate the demised premises and time cannot be extended in any case. Gurvinder Singh v. Vinayak Bahl, 2011(1) L.A.R. 668 (P&H).

Rent Act -- Non-tender of rent -- Noting of wrong date – Effect of – Contention that rent could not be tendered because inadvertently the date of hearing was wrongly noted as 20.10.2010 instead of 12.10.2010, due to which neither the tenants nor their counsel could appear before the learned Rent Controller – Held, no application was moved by the tenants before the learned Rent Controller on 20.10.2010 for the purpose of tendering the arrears of rent -- No occasion to grant them any opportunity for the purpose of tendering the rent – Tenants liable to be evicted. Madan Lal and another v. Tek Chand Sharma, 2011(1) L.A.R. 554 (P&H).