The landlord filed a petition seeking eviction of the petitioner-tenant on various grounds. In the said eviction petition, the tenant filed an application seeking rejection of the petition. One of the main grounds taken was that the disputed property is situated outside the Municipal Limits of Panipat and therefore, the eviction petition under the Haryana Rent Act was not maintainable because the said Act applies only to urban area.

Petitioner was allegedly a tenant of the landlord. The demised property was allegedly transferred in the name of the landlord by way of sale deed and on the same day, the rent agreement was also allegedly executed wherein the petitioner is the tenant. Both the instruments have been allegedly executed respectively. In both the instruments, it has been mentioned that the property situated outside the limits of the Municipal Committee. However, the place where the demised property was situated had come under the purview of Municipal Corporation, vide Notification. Petitioner could not dispute the fact that the property has come in the Municipal Limits vide aforesaid notification. However, it is the case of the petitioner that since it has been specifically incorporated in the sale deed as well as in the rent deed that the property is situated outside the municipal limits, the provisions of the Haryana Rent Act, would not be applicable in the present case.

Mere mentioning by any of the parties in the sale deed or in the rent deed that the property is situated outside the municipal limits would not change the effect of legal provisions applicable upon the parties and that there should be no estoppel against the law. Appellate Authority rightly observed that jurisdiction to try the eviction petition should be reckoned about the date of filing of the eviction petition and not from the date of rent agreement otherwise it would defeat the very object of the provisions of the Haryana Rent Act. Admittedly, the eviction petition was filed in the year 2014 and the property was brought within the limits of the Municipal Corporation, which was before the filing of the eviction petition. Jurisdiction to try eviction petition should be reckoned concerning date of filing of eviction petition and not from date of rent agreement.
 

Appearing Counsel – Lajpat Sharma