Punjab & Haryana High Court Upholds Eviction for Non-Payment of Rent, Clarifies Tenant’s 15-Day Compliance Period under Haryana Rent Act

Case Name: Huma Mirza v. Savita
Date of Judgment: October 9, 2025
Citation: CR-3507-2014
Bench: Hon’ble Mr. Justice Harkesh Manuja

Held: The Punjab & Haryana High Court dismissed a tenant’s revision petition challenging eviction orders for non-payment of rent, holding that the 15-day statutory period under the Haryana Urban (Control of Rent & Eviction) Act, 1973 begins from the date of provisional rent assessment by the Rent Controller, not from any subsequent hearing date. Justice Harkesh Manuja clarified that unlike the East Punjab Urban Rent Restriction Act, 1949—which requires immediate tendering on the “first date of hearing”—the Haryana Act expressly provides tenants a defined 15-day window after assessment to pay arrears, interest, and costs.

Summary: The respondent-landlord filed an ejectment petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 for non-payment of rent regarding Flat No. 206, Second Floor, Celebrity Suites, Palam Vihar, Gurugram. The Rent Controller provisionally assessed rent at ₹45,233 on February 19, 2014, including arrears, interest, and costs. The tenant failed to deposit the amount within 15 days, leading to an eviction order on March 12, 2014. The Appellate Authority, Gurugram, upheld the order on April 24, 2014.

In the High Court, the tenant argued that eviction was premature as the “first date of hearing” for compliance should have been March 6, 2014, making the 15-day deadline March 21, 2014. Relying on Rakesh Wadhawan v. Jagdamba Industrial Corporation (2002) and Vinod Kumar v. Prem Lata (2003), the petitioner contended that tenants cannot be expected to tender rent on the same day as assessment.

Justice Manuja analyzed the contrasting provisions of the 1949 and 1973 Acts, emphasizing that the Haryana legislature intentionally granted a fixed 15-day compliance period post-assessment to balance landlord and tenant interests. The Court noted that insisting on an additional post-assessment hearing would defeat the legislative intent and delay proceedings.

Decision: The High Court upheld the concurrent findings of the Rent Controller and Appellate Authority, holding that the tenant’s failure to tender rent within 15 days of assessment warranted eviction under Section 13(2)(i) of the 1973 Act. The revision petition was dismissed, and pending applications were disposed of accordingly.