CHAWALI Vs. BIHARI LAL

JUDGEMENT

(1.) An order of eviction passed against the tenant under S.13(2)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 'the Act') on the ground of non-payment of rent, is to be treated as void and without jurisdiction merely for the reason that it was passed before the expiry of 15 days from the first date of hearing. This was the point canvassed in the revision here while seeking to challenge the impugned order of the executing court dismissing the objection petition filed by the tenant Smt Chawali. Invalidity was also sought to be attributed to the said order of eviction on the additional ground that it had been passed before interest and costs on such arrears of rent had been assessed by the Rent Controller. The contentions raised are indeed wholly untenable when considered in the context of the circumstances in which the order of eviction came to be passed.

(2.) The petitioner occupied the premises in question as a tenant at a rent of Rs.13.28 p.m. An application seeking her eviction on the ground of non-payment of arrears of rent was filed on April 2, 1979. The first date on which the petitioner appeared before the Rent Controller in these proceedings was May 8, 1979, when the case was adjourned to May 11, 1979. It was next adjourned to May 19, 1979 on which date the petitioner made a statement which translated, reads as under:-

(3.) It will be seen that the order of eviction was based upon the tenant's admission of the landlord's claim. Adverting now to the proviso to S.13(2)(i) of the Act, a plain reading of it would show that the provisions thereof are clearly for the benefit of the tenant namely to enable him to know the precise amount to be paid and also to provide him some time to pay it. If the tenant chooses to waive this benefit, he cannot be heard to turn round and question the legality of the order of the Rent Controller merely on the ground that he had not been given the benefit which he had himself waived, as in the present case. It is also pertinent to note that the Act nowhere provides that an order of eviction on the ground of non-payment of arrears of rent cannot be passed until after the expiry of 15 days from the first date of hearing. There is thus no substance or merit in the points urged and consequently no infirmity can be imputed to the impugned order which is accordingly upheld and affirmed. This revision petition is dismissed with costs. Counsel fee Rs. 200/-. Petition dismissed.