Provisional rent assessed by Rent Controller has to be paid on first date of hearing, reiterates Punjab & Haryana HC

Read Order: Ram Parkash @ Om Parkash and another v. Kashyap Rajput Dharamshala 

Tulip Kanth

Chandigarh, December 7,2021: While considering a revision petition pertaining to the ejectment sought by the landlord, on the ground of non-payment of rent, the Punjab and Haryana High Court has reiterated that provisional rent assessed by the Rent Controller has to be paid on the first date of hearing.

The petitioners in this case were the tenants. Their ejectment was sought by the landlord on the ground of non-payment of rent. The Rent Controller assessed the provisional rent and directed the petitioners-tenants to pay it on the next date of hearing. 

On the said date, the petitioners sought time to pay the provisional rent and also sought permission to pay the same in installments. The Rent Controller did not accept this submission and ordered ejectment. Appeal against the said order had also been dismissed.

The counsel for the petitioners submitted that the petitioners may be granted another opportunity to pay the provisional rent. 

While observing that as per settled law, provisional rent assessed by the Rent Controller has to be paid on the first date of hearing, the Bench of Justice Sudhir Mittal opined that since, the payment was not made on the said date, petitioners cannot be granted another opportunity.

Therefore, without finding any merit in the revision petition, the High Court dismissed the same.