THE HARYANA URBAN (CONTROL OF

RENT AND EVICTION) ACT, 1973

(HARYANA ACT NO. 11 OF 1973)
 Received the assent of governor on 25th April, 1973.
 Published in Haryana Government Gazette on 27th April,
1973.
Preamble:
An Act to control the increase of rent of certain buildings
and rented land situated within the limits of urban areas and
the eviction of tenants therefrom.
Objective:
 Mangat Rai v. Kedar Nath 1981 SCR (1) 476
o To strike a balance between the rights of the landlord and
o the requirement of the landlord.
 Mangat Ram and Anr. V. Prem Nath, (2008) 149 PLR 681
o To give reasonable protection from eviction to the tenant
without any reasonable cause.
o If the tenant acquires a property in the same area, the
landlord has the right to get back the possession of the
tenanted property.
Reasons:
 To harmonize landlord – tenant relationship.
 To boast up the rapid urban development.
 To entitle the tenant to the basic amenities such as
water supply, electricity, sewerage etc.
 Determination of fair rent.
Section 1: Short, title and extent:
 Extends to all the urban area of Haryana.
 Followed by certain exceptions:
o Cantonment area.
o 10 years, from the date of its completion (whether
completed on or after the enactment of the act).
 Pooja Chauhan v. Pritam Lal Sharma, 2013 (1) L.A.R. 506
(P & H)
 The exemption of 10 yrs after the completion of building will
also apply to any part of building or newly constructed floor
which is constructed and let out.
Section 2: Definitions
(a) Building:
i. Building or part of building.
ii. Whether used for that purpose or not.
iii. Includes any land, godowns, out- houses, gardens, lawns,
wells or tanks appurtenant.
iv. Furniture supplied.
v. Fittings affixed.
vi. Machinery installed.
 Doesn’t include:
i. Room in a hotel.
ii. Hostel, or
iii. Boarding house.
Pooja Chauhan v. Pritam Lal Sharma, 2013 (1) L.A.R. 506 (P
& H)
It was held that the term “building” includes:
i. Part of the building constructed and let out.
ii. Entirely newly constructed floor in the already existing
building.
(b) Controller: any person appointed by the State Government
to perform the functions of a Controller under this act.
 (c) Landlord: means;
i. Any person who is entitled to receive the rent, whether on
his own account or on behalf of the owner.
ii. As a trustee, guardian, receiver, executor or administrator
for any other person.
iii. Any person who derives title from landlord.
iv. A tenant who sublets any building or land in the manner
provided under the act.
 K.D. DEWAN v. HARBHAJAN S. PARIHAR AIR 2002 SC 67
Ownership of the premises or building or rented land is
immaterial for the purpose of the act as the act deals only
with the rights and obligations of a landlord.
  DHALU RAM & OTHERS v. JESSA RAM, 2004 L.A.R. 528
(P&H)
Authorities under the act cannot deal with the question
of title of the building or rented land.
(d) Non – residential property: means a building;
i. Used mainly for the purpose of trade.
ii. Used partly for the purpose of trade and partly for the
purpose residence, provided that the person who carries on
the business resides therein, but
If the property is let out to different individuals, the part of
property which is used for the purpose of residence will not
be treated as non – residential property.
iii. Where major portion of the building is used for non-
residential purpose and a minor portion is used for
residential purpose, the property is deemed to be a non-
residential property.
(e) Prescribed: prescribed by the rules under the act.
(f) Rented land: means any land let separately for the purpose
of being used principally for business or trade.
(g) Residential property: building which is not a non-residential
property.
(h) Tenant: means and include;
i. By whom or on whose account rent is payable
 ii. Person continuing in possession even after the termination
of tenancy.
iii. Heirs of the deceased tenant as appended in Schedule (who
are ordinarily residing with the tenant).
 Son.
 Daughter.
 Widow.
 Father.
 Mother.
 Grand-father.
 Grand-mother.
 Son of a pre-deceased son.
  Unmarried daughter of a pre-deceased son.
 Widow of a pre-deceased son.
 Widow of a pre-deceased son of a pre-deceased son.
iv. But doesn’t include:
 Sub-tenant, placed in occupation without the written
consent of the landlord.
 Person to whom the collection of rent or fees in a public
market, cart stand or slaughter-house or of rent for shops
has been framed out, or leased by a municipal town or
notified area committee.
(i) Urban area: means any area;
i. Administered by a municipal committee,
 ii. Notified area committee,
iii. Faridabad complex administration, or
iv. Any area declared by the State Government to be urban
area.
Section 3: Exemptions:
State Government may by notification direct that the
provisions of the act shall not apply to a particular building
or rented land.
QUESTIONS:
1. Define (with case laws): (5 marks each)
a. Building.
b. Non-residential building.
 c.Tenant.
d. Landlord
2. What are the exceptions to the application of “The
Haryana Urban (Control of Rent and Eviction) Act, 1976?
(12.5 marks)
Section 4: Determination of fair rent
(1) Fixed by the controller [section 2(b)] on the application of a
landlord or a tenant.
Operative from the date of application.
(2) In fixing fair rent, the controller shall first determine the
basic rent which shall be:
 a. If construction completed on or before 31st December,
1961, the rent prevailing in the society for similar buildings
let out to a tenant during the year 1962.
b. If construction is completed after 31st December, 1961,
the rent agreed between the landlord and the tenant
preceding the date of application, or
If no rent has been agreed upon, the basic rent shall be
determined in the basis of the rent prevailing in the society
for similar buildings or rented land at the date of application.
(3) The Controller may while fixing the fair rent, allow an
increase or decrease in the basic rent not exceeding 25% (in
accordance with All-India Wholesale Price Index Numbers,
 as determined by the government of India for the Calendar
year), since the date of agreed rent or date of application.
(4) A landlord or a tenant is entitled to get the fair rent fixed for
the property, even if it is fixed under the East Punjab Rent
Restriction Act, 1949.
(5) Fair rent once fixed will be applicable to the parties and their
heirs.
Question: Can an agreement between the parties about
fixation of rent stop any of the party to move an application
to the controller for fixation of fair rent?
Answer: No, either of the party can move an application to
 the Controller for the fixation of fair rent. {Amar Nath v.
Prem Nath, 1982 (1) Rent LR 18 (P&H)}.
Question: From which date fair rent is operative?
Answer: Fair rent is operative from the date of application.
Section 5: Revision of fair rent in certain cases:
(1) No further increase or decrease in fair rent for a term of 5
years, once it is fixed under Section 4.
Provided further that in following circumstances, the amount
of rent may be increased or decreased:
 Addition, alteration or improvement at the expense of the
landlord (upon request of the tenant).
  Decrease or diminution in the accommodation or the
amenities provided.
(2) Any dispute as to the increase or decrease in fair rent shall
be decided by the Controller.
Section 6: Landlord not to claim anything in excess of fair
rent:
(1) The Landlord cannot claim or receive any premium or other
sum in addition to fair rent as determined by the Controller
under Section 4.
(2) Any agreement for payment of any sum in addition to fair
rent shall be null and void.
Exception:
(1) Landlord may stipulate for and receive one month’s rent in
advance.
Section 6A: Deposit of rent:
(1) If landlord refuses to receive rent or grant receipt, the
tenant may apply to the Controller for leave to deposit the
rent.
(2) The Controller shall deposit the rent only if:
a. After examining the applicant, Controller is satisfied that
there are reasonable grounds for application.
b. Applicant pays the fee for the issuance of notice.
(3) When the rent is deposited with the Controller under sub
section (1), it shall be deemed to be payment of rent.
(4) On receiving the deposit, the Controller shall give notice of
the receipt to the landlord.
Section 7: Rent which should have not been paid, may be
recovered
(1) Whether before or after the commencement of the act.
(2) Recovered within 6 months after the date of the payment.
(3) Recoverable from the Landlord or his legal representative.
Question: what if the excess is paid before the
commencement of the act?
Answer: such person can recover the rent within 6 months
of the commencement of the act.
 Section 8: Increase of rent on account of payment of rates,
etc. of local authority:
(1) Landlord is entitled to increase the rent in case:
a. Fresh rate, cess or tax is levied by the local authority.
b. Increase in amount of rate, cess or tax levied.
The increase in rent shall not exceed the amount levied by
the local authority.
Such increase shall be payable by the tenant from the date
of dispatch of the written notice by the landlord under a
registered cover.
Question: From which date the increase in amount of rent
under Section 8 is applicable?
 Answer: From the date of dispatch of the written notice.
Section 9: Landlord to provide certain amenities:
(1) If the amenities of electricity, sewerage or tap water supply
have been made available in any locality by the State
Government or a local authority, the tenant of the building
or rented land of such locality shall be entitled to the
enjoyment of such amenities.
(2) If the landlord at the written request of the tenant fails to
agree in writing to provide all or any of the amenities within
a period of thirty days or fails to provide the same within a
period of ninety days of such request, the tenant may apply
to the Controller for that purpose.
The Controller upon such application by the tenant and after
such enquiry permits the tenant to have such amenity at the
cost of the landlord on such conditions as he may deem
proper. The tenant shall be entitled to deduct the expenses
incurred by him in providing the amenity from the rent
payable to the landlord till the full amount is realized:
Provided that the rate of deduction of such expenses shall
not exceed fifty per centum of the amount of rent:
Provided further that the Controller may reject the
application if he is satisfied that such an order will cause
undue hardship to the landlord, keeping in view his source
 of income, or would involve expenditure incommensurate
with the benefit sought to be achieved.
(3) The Controller may fix the extent and specifications of the
amenity as far as possible keeping in view the circumstances
of the case and also the estimated cost thereof.
(4) Once the amenities are made available to the tenant, he
shall immediately inform the expenses incurred by him to
the landlord.
(5) In case of dispute as regards the quantum of the amount
spent for providing the amenity, the same shall be decided
by the Controller after enquiry on an application made to
him.
(6) The landlord shall be entitled to enhance the rent of the
building or the rented land to the extent of eight per centum
per annum of the amount spent for providing such amenity
from the date the amenity is provided :
Provided that where the tenant has initially incurred the
expenses for providing such amenity, the enhancement of
rent shall not allowed till the amount spent by the tenant
has been realized.
Section 10: Landlord not to interfere with amenities
(1) No landlord shall without just and sufficient, cause cut off or
withhold, any of the amenities supplied to the tenant.
(2) The tenant may apply to the Controller, in case of
contravention of clause (1).
(3) If upon enquiry, the Controller is satisfied that the landlord
has cut off or withhold the amenities without just and
reasonable cause, he shall direct the landlord to restore such
amenities.
(4) If the Controller is satisfied from the affidavit or otherwise,
that immediate enjoyment of such amenities is necessary, it
may order the landlord in writing to provide the tenant such
amenities, subject to the final decision as regards the
expenses for restoration.
Question: what are the rights and liabilities of:
 a. Tenant
b. Landlord
Under Haryana urban (Control of Rent and Eviction) Act,
1973? (10 marks)

Section 11: Conversion of a residential building into a non-

residential building
 Not possible, except with the written permission of the
Controller.
Section 12: Failure by landlord to make necessary repairs:
(1) Landlord fails to make necessary repairs.
(2) The Controller may (on the application of the tenant)
authorize the tenant to carry on the repairs at his own
expenses and the cost may be deducted from the rent
payable.
(3) Other than structural alterations.
(4) If the Controller is satisfied from the affidavit or otherwise
that immediate repair is required, he may allow the tenant
(in writing) to carry out the repairs, subject to the final
decision on the cost of repairs, on such term and conditions
as the Controller deems fit.
 Balbir Singh v Kaka Ram 1994 (1) RCJ 260 (P&H)
 o Only the landlord can effect structural changes upon the
building after getting an eviction order.
o The tenant can only make necessary repairs and not
structural changes.
 Mohammad Usman Khan v. Hari Singh 1973 RCJ 478
o The tenant may move an application before the Controller
seeking permission to repair the building at the cost of the
landlord.
Section 13: Eviction of tenants:
(1) A tenant in possession of a property must not be evicted
therefrom except in accordance with the provisions of the
act.
(2) The Controller may (upon application if the landlord) evict
the tenant in following circumstances:
i. That tenant has not paid or tendered rent:
i. Within 15 days after the expiry of time fixed in the
agreement.
ii. In absence of such agreement, by the last day of next
following month for which rent is payable.
st
For eg. Rent payable on 1 January and the tenant doesn’t
pay the rent till 28th February, the landlord may apply to the
Controller for eviction of the tenant.
iii. If the tenant within 15 days of the first date of hearing pays
off the arrears of rent at 8% p.a along with the costs of the
 application, the tenant shall be deemed to have duly paid or
tendered the rent.
iv. Landlord shall not be entitled to claim arrears of rent for a
period exceeding 3 years immediately preceding the date of
application.
ii. That the tenant has without the written consent of the
landlord:
i. Leased or sublet the entire building or any portion thereof,
or
 RAM KISHAN v. MOTI RAM AND Anr, 2006 (2) L.A.R 36
(P&H)
 o Mere knowledge on the part of the landlord as to sub-letting
will not estop the landlord from seeking eviction.
 HANUMAN JI LA BARA MANDIR, SIRSA v. NAGAR MAL &
Anr. 2004 L.A.R 420 (P&H)
o Landlord is only to prove that in place of the original tenant
somebody else has occupied the premises and once it is
proved so, than it would be upon the sub-lettee to show in
what capacity he is occupying the premises.
o In other words, onus of proof of sub-letting is upon the
landlord.
ii. Used the building for a purpose other than that for which it
was leased for.
iii. Committed an act which is likely to impair materially the
value or utility of the property.
iv. Tenant is guilty of such acts and conduct as are nuisance to
the neighboring occupant. (loud music at 11:30 pm)
v. The tenant has without due cause, ceased to occupy the
building for a continuous period of four months (building
situated in a place other than a hill area).
The Controller may give tenant a reasonable time (not
exceeding 3 months) to put the landlord in possession of the
property.
(3) A landlord may apply to the Controller for an order directing
the tenant to put the landlord in possession:
 c.In case of a residential property, if:
i. He requires it for his own occupation;
ii. He requires it for use as an office or consulting room by his
son,
Provided that neither the landlord nor his son should be
occupying another residential property in the urban area
concerned or has not vacated such building without
sufficient cause after the commencement of 1949 act.
iii. The tenant has ceased to be in the employment of the
landlord.
Provided that a tenant (workman) who has been discharged
or dismissed in contravention of the provisions of Industrial
 Disputes Act, 1947 is not deemed to evict until the order of
the eviction has been confirmed by the competent authority.
iv. That the tenant has acquired possession of another building.
v. The landlord is a member of the armed forces of the Union
and requires it for the residence of his ‘family’ (who
ordinarily resides with the tenant or are dependent upon
him) and produces a certificate that he is serving under
special conditions.
c.In case of a rented land, he requires it for his own use.
Provided he must not be occupying another residential
property in the urban area concerned or has not vacated
 such building without sufficient cause after the
commencement of 1949 act.
d. In case of a building or a rented land, he requires to carry
out some building work at the instance of:
i. The State government, or
ii. Local authority, or
iii. Some improvement or development under a scheme, or
iv. The building has become unfit or unsafe for human
habitation.
If the tenancy is for specified period, the landlord is not
entitled to get the property vacated under this clause
 (except in case where landlord is the member of armed
force).
Where the landlord has obtained possession of a property,
he shall not be entitled to apply again for the possession of
another property.
(3A). In case of a non-residential property where landlord
(requires the property for his personal use) is:
 Retired or discharged from the armed forces of the Union, or
 Minor son of the deceased landlord
May within a period of 3 years from the:
 Date of retirement or discharge, or
 Attaining the age of 18 years,
 Apply to the Controller for an order directing the tenant to
put the landlord in possession.
Where the landlord has obtained possession of a non-
residential property, he shall not be entitled to apply again
for the possession of another property.
(2) If the Controller is satisfied that the claim of landlord is
bonafide, he may order the tenant to put the landlord in
possession of the property on a specified date. The
Controller may give tenant a reasonable time (not exceeding
3 months) to put the landlord in possession of the property.
 Director, Archaeology & Museums, Haryana v. Kura Mal,
2013 (2) L.A.R 147 (P&H)
o Requirement of the landlord has to be judged from the
perspective of the landlord, and
o Tenant cannot dictate terms towards the need of the
landlord.
 Sat Parkash Chaudhary v. Kewal Krishna Malhotra, 2011
(1) L.A.R 66 (P&H)
o The desire of the landlord to settle down in the premises
cannot be termed to be a mere wishful thought of the
landlord.
Question: Can a commercial building be evicted for the
personal bonafide need of the landlord?
 Answer: Yes, a commercial building can be ordered to be
evicted for the bonafide need of the landlord.
[Rajinder Kumar v. Niranjan Lal, 2007 (1) L.A.R 253 (P&H)]
(3) An application under sub- section 3 (a) (v) must be disposed
off within a period of 1 month and if the claim is accepted,
the landlord must be in possession of the property within 15
days from the date of order of the Controller.
(4) Where the landlord has obtained possession:
a. Under sub-section 3 (a) (i) or (b), or
b. Under sub-section 3 (a) (v), or
c.Under sub-section 3 (a) (ii),
 But doesn’t obtain possession for a continuous period of 12
months from the date of obtaining possession, or
d. Under Sub-section 3A
Doesn’t obtain possession for a continuous period of 3 years
from the date of obtaining possession.
e. Under sub-section 3 (c),
The evicted tenant may apply to the Controller, to put him in
possession of the rented property.
(5) If the Controller is satisfied that the application for eviction
by the landlord is frivolous or vexatious, he may direct the
landlord to pay a compensation not exceeding Rs 500/- to
the tenant.
 Section 13-A: Special procedure for disposal of application in
certain cases:
(1) An application by a member of armed force within:
a. 1 year prior to the date of retirement or discharge, or
b. 1 year after to the date of retirement or discharge, or
c.Within 1 year from the commencement of the
d. Haryana Urban (Control of Rent and Eviction)
Amendment Act, 1986.
Whichever is later,
under Section 13 (3) (a) (i), shall be dealt according to the
procedure mentioned herein under.
Question: Who all are entitled to make an application to the
Controller for eviction and at what time?
Answer: Following are entitled to the property (in case of
deceased landlord) (ordinarily residing with the landlord)
LANDLORD (DECEASED)

WIDOW OF THE DECEASED

LANLORD

AND AFTER HER, HIS CHILD,

GRANDCHILD OR WIDOWED
DAUGHTER-IN-LAW

Application for eviction can be made at:

 In case of death (before the commencement of
Amendment Act, 1988), within 1 year of such
commencement act.
 In case of death (after such commencement but before
the date of his retirement or discharge), within 1 year of his
death.
 In case of death (after such commencement and the date
of his retirement or discharge), within 1 year of his
retirement or discharge.
And on the date of application, the right to recover shall
accrue on the applicant.
(1-A) An application under Section 13 (3) (a) (i) by:
  An employee of Government of India, or
 An employee of Government of Haryana, or
 An employee of any State-owned Board or Corporation of
Haryana
Within
 1 year prior to or after the date of his retirement.
 1 year from the commencement of Haryana Urban (control
of Rent and Eviction) Amendment Act, 1990,
Whichever is later, shall be dealt in accordance with the
procedure mentioned herein.
(2) Summons {for applications under clause (1)} to be issues by
the Controller in the form appended to the act.
(3) Along with the service of summon, the Controller shall also
direct he summons to be served by:
a. Registered post,
b. Acknowledgment due
addressed to the tenant or the agent:
a. Actually and voluntarily resides;
b. Carries on business, or
c.works for personal gain, and
d. May also direct the publication in the newspaper in the
locality where the tenant is last known to reside or carries on
business or works for gain.
(4) Where an acknowledgment is received back with an
endorsement that either the tenant or the agent reused to
take delivery, the Controller may declare it to be a valid
service.
(5) The tenant shall not be allowed to contest the application for
eviction unless he obtains the permission from the
Controller.
Question: How can the tenant obtain leave to contest the
application for eviction?
Answer: by filing an affidavit stating the grounds on which
he seeks to contest the application.
 If after obtaining the leave, the tenant doesn’t appear, the
statement of the landlord shall be deemed to be admitted by
the tenant and the landlord is entitled to the possession of
the property.
Question: Which section of the Act deals with Summary
disposal of the case?
Answer: Section 13-A (4) provides for the Summary disposal
of the case.
(6) The tenant must be allowed to contest the application of the
facts disclosed by the tenant disentitle the applicant from
obtaining the possession of the residential property on the
 grounds specified in Section 13 (3) (a) (i). And the hearing
shall begin as soon as possible.
(7) The Controller shall follow the procedure and practice of a
Court of Small Causes, including the recording of evidence.
 No appeal or second appeal against the order passed.
 Revision (HC may itself call for the records of the case).
 Review, only when the application for revision has not
been made to HC.
Section 14: Decisions which have become final must not be
reopened:
The Controller shall summarily reject any application under
Section 13 (2) or (3), which has been formerly decided.
Section
Section 15: Appellate and Revisional Authorities:
1. The State government may confer on any officer the
power of appellate authority.
2. Person aggrieved from the order of the Controller
may appeal to the concerned authority (within 30 days
or longer).
3. Once the appeal is filed, the appellate authority may
stay further proceedings.
4. Decision after calling the records from the Controller.
 5. The decision of the appellate authority subject to the
order of the Controller shall be final and not liable to
question in the court of law.
6. The High Court may (either on its own motion or the
application of the aggrieved) within 90 days, may pass
any order which it deems fit.
Section 16. Power to summon and enforce attendance of
witnesses. –
 Same powers of summoning and enforcing the
attendance of witnesses and
 Compelling the production of evidence as are vested in a
court under the Code of Civil Procedure, 1908.
Section 17. Costs
1. The compensation and the cost of an incident to all
proceedings shall be the discretion of the concerned
authority. The fact that the concerned authority has no
jurisdiction to try the proceedings shall be no bar to the
exercise of such powers.
2. If no cost allowed, the Controller shall state the
reason in writing.
Section 18. Execution of orders. –
1. Every order made under the provisions of this Act
shall be executed by a civil court having jurisdiction in
the area as if it were a decree or order of that court.
Question: How to determine the jurisdictional value of a
rented land or building?
Answer: One years rent of the building or the rented land
will determine the jurisdictional value.
19. Institution and disposal of applications. –
1. Two or more controllers for the same place.
2. Application to the controller who is authorised by the
appellate authority.
20. Power to transfer proceedings:
1. The High Court may (either on the application or suo
moto), transfer any proceedings pending before any
appellate authority to another appellate authority.
 2. An appellate authority may (either on the application
or suo moto) transfer any proceedings pending before
any Controller to another Controller within its
jurisdiction.
[20A. Transfer of proceedings and filing of appeals and
revisions against orders of Subordinate and District Judges.

Section 21. Landlord and tenant to furnish particulars. -

Every landlord and every tenant shall be bound to furnish to
the Controller, or any person authorised such particulars in
respect of such building or rented land as may be prescribed.
Section 22. Penalties. –
 (1) Section 8(2), 10(1), 11 or 21: punishable with fine
which may extend up to Rs1000/.
(2) Section 6(a), punishable with imprisonment for 2
years or fine or both.
(3) Cognizable only:
i. Upon the Complainant in writing;
ii. A report in writing of such facts made by the
Controller.
Section 23. Power to make rules. - The State Government
Section 24. Repeal and Savings. - (1) The East Punjab Urban
Rent Restriction Act, 1949 (East Punjab Act No. 3 of 1949), is
hereby repealed :
Provided that such repeal shall not affect any proceedings
pending or order passed immediately before the
commencement of this Act which shall be continued and
disposed of or enforced as if the said Act has not been
repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the Act so repealed (including any rule,
notification or order made) which is not inconsistent with
the provisions of this Act, be deemed to have been done or
taken under the corresponding provisions of this Act as if this
Act were in force at the time such thing was done or action
was taken, and shall continue to be in force, unless and until
superseded by anything done or any action taken under this
Act.