2023 CLC 738
It is well-settled that tenant is bound to increase rent @ 25% after every three years being envisaged by the statute, failure whereof would entail consequences of willful default and arrears of rent becoming due in terms of Section 13(2((i), which provides that if tenant has not paid or tendered rent due within stipulation proved therein, the Special Judge (Rent) may pass eviction order. Needless to observe that increase in rent under Section 5-A is automatic and is terms as rent due within contemplation of Section 13(2)(i). These provisions are fully attracted in the case in hand. Moreover, this Court is of the view that a specific and separate notice for payment of increased rent is not necessary to be served upon a tenant and default would not to be presumed on lapse thereafter, rather a tenant must be conscious of the fact that increase is duly provided in the statute and he is bound to obey the dictates of law. Even otherwise, service of notice under Section 5-A of the Ordinance of 1959 by a landlord to a tenant is not condition precedent to invoke the jurisdiction of the Special Judge (Rent).
0 Comments