Eviction Petition against Tenant Chandigarh Panchkula Mohali

Eviction Petition against Tenant Chandigarh Panchkula Mohali

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In this post we will discuss about an Eviction Petition against Tenant. Wherein the court allowed the petition and held that the respondent is liable to pay the arrears of rent amounting to Rs. 2,38,350/-. and was is further directed to handover the vacant possession of the demised premises

                        EVICTION PETITION

Also Read-  Landlord Tenant Disputes Chandigarh Panchkula Mohali .

In this post we will discuss that the eviction of the rented property is granted by the IN THE COURT OF TANVEER SINGH, RENT CONTROLLER, CHANDIGARH on the ground of arrears of rent. In the present case the petitioner has asserted its right to ejectment of the respondent from the demised premises in dispute.

This views is taken from the latest judgment in the case of Sh. Napinder Pal Singh through his Power of Attorney holder Sh. Balwinder Singh Versus Naresh Kumar decided on 04.03.2020.

The rent petition is filed by petitioner under Section 13 of East Punjab Urban Rent Restriction Act for eviction of the respondent from the rented property.

Also Read- Chandigarh+rent | India Judgments | Law | CaseMine

Brief  facts of the case :-

  1. That the respondent contacted the petitioner in the month of August, 2017 with regard to taking Flat No. 1044 (First Floor) Singh Cooperative H/B Society Ltd. Sector 51-B, Chandigarh on rent.
  2. Accordingly, the above said flat has been given on rent to the respondent and a rent deed dated 01.08.2017 was executed between the respondent and the petitioner.
  3. The said rent deed was signed by Sh. Balwinder Singh as GPA holder of Sh. Napinder Pal Singh. Thereafter, a Special Power of Attorney was also executed by the petitioner in favour of Sh. Balwinder Singh to contest the cases on behalf of the petitioner.
  4. The tenancy period of the said premises was fixed for 11 months commencing from 01.08.2017 to 30.06.2018 at a monthly rent of Rs.21,000/- per month excluding Water, Electricity and Society Charges. It is further agreed that the rent shall be paid by the 5th date of each month in which it falls due.
  5. It is further agreed that in the event of delay in payment of rent beyond 5th date of month, the tenant (the respondent) shall be liable to pay penal charges at the rate of Rs. 100/- per day, which shall also be paid each month along with rent, in addition to the monthly rent as mentioned above.
  6. The respondent had paid rent up till December, 2017 and thereafter the respondent had not paid any rent to the petitioner for the use and occupation of house in question as tenant.

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  1. The respondent issued six post dated cheques bearing no. 740829 dated 29.01.2018, 740830 dated07.02.2018, 740831 dated 08.03.2018, 740832 dated 12.04.2018, 740833 dated 12.05.2018 and 740834 dated 07.06.2018 for Rs. 21,000/- each all drawn on UCO Bank, Sector 22-D, Chandigarh.
  2. All the above said cheques issued by the respondent were got dishonoured at the time of their presentation and the petitioner has already filed two petitions with regard to bouncing of the above said cheques, which are pending in the Court ofLd. JMIC, Chandigarh. As per clause No. 2 of the rent agreement, the respondents in case continue after the tenancy period i.e. for 11 months, the respondent shall pay the rent by increasing 7% in the last paid rent.
  3. As already stated above, the respondent has not paid the rent from 01.01.2018 up till date and as such, is in arrears of rent since then. The following is the arrears of rent:-
  4. 01.01.2018 to 30.06.2018 = 21,000/- x 06= Rs. 1,26,000/-
  5. 01.07.2018 to 30.11.2018 after enhancement of 7% on the last rent paid of Rs. 21,000/- i.e. Rs. 22,470/- x 05 = Rs.1,12,350/-

3.Total rent to be paid by the respondent upto 30.11.2018 i.e. Rs. 1,26,000/- Plus Rs. 1,12,350/- totaling to Rs.2,38,350/-

ALSO READ-HOW TO EVICT TENANT OUT OF RENTED PREMISES

  1. It is further averred that the petitioner requested the respondent to vacate the demised premises but the respondent failed to vacate the tenanted premises till date.
  2. Upon notice respondent failed to appear in the court and was proceeded against ex-parte vide order dated 25.04.2019. Thereafter, application for setting aside exparte order dated 25.04.2019 moved by the respondent which was allowed vide order dated 25.09.2019.
  3. Thereafter, again the respondent stopped appearing during the proceedings of the present case and was proceeded against exparte vide order dated 02.12.2019.

ALSO READ- LANDLORD TENANT DISPUTES CHANDIGARH PANCHKULA MOHALI

Evidences produced:

In ex-parte evidence, petitioner examined Balwinder Singh as PW-1 who tendered into evidence his duly sworn affidavit Ex. PW-1/A and proved on record following documents:-

  1. Ex. P-1 -P3 Rent Deed, GPA and SPA
  2. Ex. P-4 Complaint u/S 138 of NI Act
  3. Ex. P-5 Copy of cheque no. 740834
  4. Ex. P-6 Memo
  5. Ex. P7 Complaint u/S 138 of NI Act
  6. Ex. P8 Copy of cheque No. 740832-740833
  7. Ex. P9 Bank Memo
  8. Ex. P10 Complaint U/ S 138 of NI Act
  9. Ex. P11 Cheque No. 740829, 740830 & 740831
  10. Ex. P12-14 Bank memos

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Findings of the Court:

  1. In the present case the petitioner has asserted its right to ejectment of the respondent from the demised premises in dispute.
  2. Perusal of the documents shows that petitioner has rented out the property in dispute to the respondent vide Rent Deed Ex. P1 on which the respondent vide Rent Deed Ex. P1 on which the responden has duly signed.
  3. In view of the submissions made by the learned counsel on behalf of the petitioner and on the perusal of the documents i.e. Ex. P-1 to Ex. P-14 as well as on the basis of oral evidence, this court is of the considered view that petitioner has proved his case through cogent and convincing evidence. The oral as well as documentary evidence of the petitioner completely goes un-rebutted and un-challanged.

ALSO READ- TENANT’S RIGHTS DURING EVICTION

Held by the Court:

  1. The petition of the petitioner is allowed and respondent is liable to pay the arrears of rent amounting to Rs. 2,38,350/-.
  2. The respondent is further directed to handover the vacant possession of the demised premises i.e. Flat No. 1044, First Floor, Singh Cooperative H/B Society Ltd., Sector 51-B, Chandigarh, on the ground of arrears of rent within two months from the date of the order with no order as to cost.

Also Read- Model Tenancy Act 2015 – Chandigarh Administration

This post is written by Surbhi Yadav

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