Assessment of provisional rent

Punjab Rent Act -- Arrears of rent -- Interlocutory order – Non-challenge to -- Final order – Appeal -- Right of -- Rent Controller determining the provisional rent in an eviction petition -- Where the tenant fails to comply with that order may be a foundational order for an order of eviction that follows but nevertheless such order is an interlocutory order as that order does not determine the principal matter finally; it is only the order on subordinate matter with which it deals -- Section 15(1)(b) does not make it imperative upon the person aggrieved to appeal from an interlocutory order and, if he does not do so, his right gets forfeited when he challenges the final order -- Order of eviction, in its nature, being dependant on the correctness of the order fixing the provisional rent and there being no indication to the contrary in Section 15(1)(b) – it must be open to the Appellate Authority to go into correctness of such provisional order when put in issue. Harjit Singh Uppal v. Anup Bansal, 2011(2) L.A.R. 486 (SC).

Punjab Rent Act -- Arrears of rent -- Interlocutory order – Non-filing of Appeal – Effect of – Whether can be challenged alongwith final order -- Held, Where a tenant does not challenge the order of the fixation of provisional rent passed u/s Section 13(2)(i) proviso in u/s 15(1)(b) and also fails to comply with that order, the order of eviction must follow as per the provisions contained in the 1949 Rent Act but when the tenant challenges the order of eviction in appeal and therein also challenges the order determining the provisional rent, it is not open to the Appellate Authority to refuse to consider the legality and validity of the order determining the provisional rent on the ground that the correctness of such order cannot be examined as no appeal was filed from that order though an appeal lay therefrom. Harjit Singh Uppal v. Anup Bansal, 2011(2) L.A.R. 486 (SC).

Rent Act -- Arrears of rent -- Denial of relationship of landlord-tenant – Effect of -- If relationship of landlord-tenant is denied by the tenant, then the Rent Controller is not supposed to assess the rent and to give an opportunity to the tenant to tender the rent -- Tenant first of all took false plea that he has paid entire amount of rent without any receipt and thereafter, himself denied the relationship of landlord–tenant between the parties and deposited lesser amount in the Court, which makes him defaulter and liable to be evicted. S.K. Kalia v. Om Parkash and others, 2011(2) L.A.R. 427 (P&H).

Rent Act -- Arrears of rent – Tender of – Extension of time -- Amount of provisional rent was assessed and the tenants were directed to tender the provisional rent -- Amount was not available with the tenant on the date of tender – Rent Controller is not competent to extend the time for payment of provisional rent beyond the date fixed -- Once the tenant had failed to tender the rent in terms of the order of the Rent Controller, the ejectment of such a tenant is bound to follow. Union of India & Ors. v. Mrs. Harjinder Kaur, 2011(2) L.A.R. 478 (P&H).