Simple Denial of Landlord-Tenant Relationship Insufficient to Prevent Provisional Rent Assessment: Punjab and Haryana High Court Upholds Ejectment for Non-Payment of Rent
In a significant ruling, the Punjab and Haryana High Court has held that a mere denial of the landlord-tenant relationship is not enough to stop the court from assessing provisional rent. This came in the context of a landlord-tenant dispute where the tenant failed to disclose the basis of possession over the property. The decision was given by Justice Sukhvinder Kaur in the case of Lucky Malik @ Bangali vs. Akali Times Trust.
The court dealt with the issue of provisional rent assessment and subsequent ejectment of the tenant for non-payment under the East Punjab Urban Rent Restriction Act. The crux was whether a simple denial of the landlord-tenant relationship could negate the need for provisional rent assessment.
The dispute revolved around a property in Jalandhar, where the respondent Trust claimed the petitioner as their tenant since 2008, alleging non-payment of rent from July 2010. The petitioner, denying the landlord-tenant relationship, contested the trust’s ownership and his liability to pay rent.
Justice Sukhvinder Kaur, in her judgment, emphasized that the trust was established as the owner of the premises based on a civil court decree dated 29.09.1980. The petitioner’s possession of the property was not disputed; however, his failure to clarify the basis of possession raised questions. The court asserted, “Under the garb of denial of tenancy, the tenant cannot be allowed to enjoy the property.” Reliance was placed on the Supreme Court judgment in Asha Rani Gupta Vs. Sri Vineet Kumar, underscoring the obligation to assess provisional rent in the absence of a clear disclosure of possession basis by the tenant.
The High Court dismissed the revision petitions filed by the petitioner, Lucky Malik, affirming the orders of the Rent Controller and the Appellate Authority. The ejectment of the petitioner for non-payment of provisional rent was upheld, guided by the precedent set in Rakesh Wadhawan vs. M/s Jagdamba Industrial Corporation, which mandates compliance with the order of provisional rent.
Date of Decision: 13.02.2024
Lucky Malik @ Bangali vs. Akali Times Trust
