2023 CLC 1070
The precise and foremost question before this Court is as to whether in case of denial of relationship of landlord and tenant, the Additional Rent Controller was vested with the power to pass tentative rent order under section 17 ( of the "Act, 1963". The term "landlord" is defined in section 2(g) of the "Act, 1963". Section 2 (j) provides the definition of "tenant". A landlord can seek eviction of tenant by moving a petition under section 17 of the "Act 1963" on the grounds mentioned therein. Subsection 8 of section 17 empowers the Rent Controller to direct the tenant to deposit in his office before a specified date all the rent due from him and also to deposit regularly till the final decision of the case, before the 5th day of each month, the monthly rent which subsequently becomes due either on the first hearing of proceeding or as soon thereafter as may be but before issues are framed. In case of any dispute as to the amount of rent due, the Rent Controller shall determine such amount approximately It is trite law that in case of denial of relationship in the ejectment petition, if it is determined by the Rent Controller that there exists relationship of landlord and tenant between the petitioner and "respondent", the latter should have been evicted straight away on determination of relationship. The Rent Controller cannot proceed mechanically with the proceedings and pass an order under section 17 ( of the "Act, 1963" without being satisfied that there exists relationship of landlord and tenant between the parties before it. As per preamble, the provisions of "Act, 1963" can only be invoked for the control of rents of certain class of buildings within the limits of cantonment areas, eviction of tenants therefrom and for matters connected therewith. The purpose and object of the "Act, 1963" is to control and regulate the matters interse tenant and landlord. The Rent Controller, thus, cannot travel beyond the ambit of "Act, 1963"
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