Haryana Urban (Control Of Rent & Eviction) Act 1973 MCQ Quiz - Objective Question with Answer for Haryana Urban (Control Of Rent & Eviction) Act 1973 - Download Free PDF

The correct answer is Option 4

Key PointsSection 24 of the Himachal Pradesh Urban Rent Control Act (HPURC) provides Vesting of appellate authority on officers by State Government

Sub-section (1)(b): Time Limit for Filing an Appeal

• Statement i: "Within fifteen days from the date of such order"

This is correct as per Section 24(1)(b), which explicitly states that a person aggrieved by an order of the Controller may prefer an appeal to the appellate authority within fifteen days from the date of the order.

• Statement ii: "Or such longer period as the appellate authority may allow for reasons to be recorded in writing"

This is also correct, as the appellate authority has the discretion to allow an appeal after the fifteen-day period if reasons for the delay are provided and recorded in writing.
This provision allows for flexibility in cases where the appellant has valid reasons for not meeting the initial deadline.

• Statement iii: "In computing the period of fifteen days, the time taken to obtain a certified copy of the order appealed against shall be excluded"
  • This is correct, as Section 24(1)(b) explicitly provides that the time taken to obtain the certified copy of the order must be excluded when calculating the fifteen-day period.

This ensures fairness to the appellant, as the delay in obtaining the certified copy does not count against the time allowed for filing the appeal.

The correct answer is Option 4

Key PointsUnder the Himachal Pradesh Urban Rent Control Act (HPURC), an increase in fair rent is admissible in cases of alteration, improvement, or addition made to the rented property by the landlord. These changes enhance the value or utility of the property and therefore justify an increase in fair rent.

• Alteration: If the landlord carries out alterations to the property that improve its usability or condition, it may lead to an increase in fair rent.
• Improvement: Improvements that add value or enhance the quality of the property can also justify a rent increase.
• Addition: Additions to the property (e.g., adding a new room or structure) directly increase the property's value or accommodation, making an increase in fair rent admissible.

The correct answer is Option 2

Key Points

• Statement I:
  • This is correct, as Section 21 requires the rent deposit to be made within 31 days of the time specified for payment in Section 20.
  • If the tenant fails to deposit rent within this timeframe, the deposit will not be valid under Section 21.
• Statement II:
  • This is incorrect, because while making a wilful false statement in the application is a punishable offense under Section 21 (Sub-section 5), it does not render the deposit invalid.
  • Instead, the Controller may impose a fine on the tenant but does not nullify the deposit solely due to false statements.

Section 20: Receipt to Be Given for Rent Paid

• Time for Payment (Sub-section 1):

A tenant must pay rent either:
As per the time fixed by the contract, or
By the 15th day of the next month, if no time is fixed by the contract.

• Receipt for Rent (Sub-section 2):

When a tenant pays rent, the landlord (or their authorized agent) must issue a written receipt immediately.

• Penalty for Non-Issuance of Receipt (Sub-section 3):

If the landlord refuses to issue a receipt, the tenant can apply to the Controller within two months of the payment date.
The Controller can order the landlord to pay damages (up to twice the rent amount) and issue a certificate of rent payment to the tenant.

• Section 21: Deposit of Rent by the Tenant

When Can Rent Be Deposited (Sub-section 1)

If the landlord refuses to accept rent or issue a receipt (as per Section 20) or there is doubt about who is entitled to the rent, the tenant may deposit the rent with the Controller.
Conditions for a Valid Deposit:

Condition 1 (Timing):
Section 21 implicitly requires that the rent must be deposited within a reasonable period after the time specified in Section 20. Specifically:

The deposit must be made within 31 days of the due date for rent payment (as per Section 20).
Condition 2 (Honest Statements):
If the tenant wilfully makes false statements in their application for depositing rent, the deposit will not be valid. However, this is not directly linked to the timing of the deposit but is a separate criterion.

Key Points

 Section 21 of the Himachal Pradesh Urban Rent Control Act (HPURC) specifies the requirements for the deposit of rent by a tenant when the landlord refuses to accept the rent or there is a bona fide doubt regarding the person entitled to the rent.

As per sub-section (2) of Section 21, the tenant must submit an application when depositing the rent, containing the following particulars:

• The building or rented land for which the rent is deposited, with a description sufficient for identifying the property.
• The period for which the rent is deposited.
• The name and address of the landlord or the persons claiming to be entitled to such rent.
• Such other particulars as may be prescribed.
  Other options are incorrect because:-

• The Act does not require the tenant to provide their own name and address in the application for deposit. Instead, it focuses on identifying the building or rented land, the period of deposit, and the name and address of the landlord or the persons entitled to the rent.

  Hence, Option 3 is not a requirement under Section 21, making it the correct answer.

Additional Information Section 21: Deposit of Rent by the Tenant

This section outlines the procedure for a tenant to deposit rent with the Controller under specific circumstances, ensuring a fair process when disputes or complications arise between the tenant and landlord.

• Sub-section (1): Circumstances for Depositing Rent

The tenant can deposit the rent with the Controller if:

The landlord refuses to accept the rent tendered by the tenant within the time referred to in Section 20.
The landlord neglects to deliver a receipt for the rent.
There is a bona fide doubt as to who is entitled to receive the rent.
The deposit must be made in the prescribed manner under these circumstances.

• Sub-section (2): Application to Accompany the Deposit

When depositing the rent, the tenant must file an application containing the following details:

Description of the building or rented land for which the rent is deposited (sufficient to identify the property).
Period for which the rent is deposited.
Name and address of the landlord or the persons claiming to be entitled to the rent.
Any other prescribed particulars.

• Sub-section (3): Notice to the Landlord

Upon receiving the deposit, the Controller must send a copy of the tenant's application to the landlord (or persons entitled to the rent) in the prescribed manner.
This notice will include the date of the deposit, ensuring transparency and informing the landlord of the action taken by the tenant.

• Sub-section (4): Withdrawal of Rent

A person claiming entitlement to the deposited rent (e.g., the landlord) can apply to the Controller for withdrawal.
The Controller must be satisfied that the applicant is the rightful person to receive the rent before passing an order for withdrawal.
Proviso:
Before ordering payment, the Controller must:

Provide an opportunity for all persons named in the tenant's application to be heard.
Clarify that the order for payment does not prejudice the rights of others to claim entitlement to the rent in a court of law.

• Sub-section (5): False Statements by the Tenant

If the landlord or any entitled person disputes the statements made in the tenant’s application (e.g., reasons for the deposit) within 30 days of receiving notice of the deposit:
The Controller must examine the claims and give the tenant an opportunity to be heard.
If the Controller finds the tenant’s statements to be materially untrue, they can impose a fine of up to two months’ rent.
A portion of the fine may be paid to the landlord as compensation.

• Sub-section (6): Unreasonable Refusal by the Landlord

If the landlord unreasonably refuses to accept rent, the tenant can complain to the Controller.
After hearing both sides, the Controller may impose a fine of up to two months’ rent on the landlord.
A portion of the fine may be awarded as compensation to the tenant.

The correct answer is Option 4

Key Points (i) The provisions of HPURCA do not apply to buildings or rented land owned by the Government. This is correct as per the provisions of the Act.

(ii) The fair rent fixed under Section 4 of the Act is operative from the date on which the application is filed under this section. This is also correct.

(iii) When the fair rent has been fixed under Section 4, a decrease in rent may be allowed if there is a decrease or diminution in the accommodation or amenities provided. This statement is also correct.

Hence, all the statements are accurate.

The correct answer is 10 years.

Key Points

• Section 1 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, provides for the Short title and extent.
• Section 1(3) states that: Nothing in this Act shall apply to any building the construction of which is completed on or after the commencement of this Act for a period of ten years from the date of its completion.

The Correct answer is With the permission of the ControllerKey PointsSection 11. Conversion of a residential building into a non-residential building. -

• No person shall convert a residential building into a non-residential building except with the permission in writing of the Controller.

The correct answer is option 1.Key Points

•  Section 6 of Haryana Urban (Control of Rent and Eviction) Act, 1973 deals with landlord not to claim anything in excess of fair rent.
• Save as provided in this Act, when the Controller has fixed the fair rent of a building or rented land under section 4, -
  • The landlord shall not claim or receive any premium or other like sum in addition to fair rent or any rent in excess of such fair rent, but the landlord may stipulate for and receive in advance an amount not exceeding one month's rent.
  • Any agreement for the payment of any sum in addition to fair rent or of rent in excess of such fair rent shall be null and void.

The correct answer is option 3.Key Points

• Section 4 of Haryana Urban (Control of Rent and Eviction) Act, 1973 deals with determination of fair rent.
• It says the Controller shall, on application by the tenant or the landlord of a building or rented land, fix the fair rent for such building or rented land after holding such enquiry as he may think fit. Such fair rent shall be operative from the date of application.
• Section 5 deals with revision in fair rent in certain cases.
• When the fair rent of a building or rented land has been fixed under section 4, no further increase or decrease in such fair rent shall be permissible for a period of five years.
• But that an increase may be allowed in cases where any addition, improvement or alteration has been carried out at the expense of the landlord, and in the building or rented land which is in occupation of the tenant then at the request of the tenant :
• Provided further that the decrease may be allowed in cases where there is a decrease or diminution in the accommodation or amenities provided.
• Any dispute between the landlord and the tenant in regard to any increase or decrease under this section shall be decided by the Controller.

The correct answer is null and void.

Key Points

• Section 6 of The Haryana Urban (Control of Rent and Eviction) Act, 1973, provides for the Landlord not to claim anything in excess of fair rent.
• It states that - Save as provided in this Act, when the Controller has fixed the fair rent of a building or rented land under section 4, -
  (a) the landlord shall not claim or receive any premium or other like sum in addition to fair rent or any rent in excess of such fair rent, but the landlord may stipulate for and receive in advance an amount not exceeding one month's rent;
  (b) any agreement for the payment of any sum in addition to fair rent or of rent in excess of such fair rent shall be null and void.
   

The correct answer is Section 6A.

Key Points

• Section 6 A of The Haryana Urban (Control of Rent and Eviction) Act, 1973, provides for the Deposit of rent.
• It states that - (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, if a landlord refuses to receive, or grant a receipt for, any rent payable in respect of the building or rented land when tendered to him by a tenant, the tenant may apply to the Controller for leave to deposit the rent in his office, and the Controller shall receive the deposit, if, after examining the applicant, he is satisfied that there is sufficient ground for the application and if the applicant pays the fee, if any, chargeable for the issue of the notice hereinafter provided.
  (2) When a deposit has been received under sub-section (1), it shall be deemed to be a payment made by the tenant to his landlord in respect of the rent due.
  (3) On receiving the deposit, the Controller shall give notice of the receipt thereof to the landlord and shall pay the amount thereof to him.

The correct answer is five years.

Key Points

• Section 5 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, provides for the Revision in fair rent in certain cases.
• It states that- (1) When the fair rent of a building or rented land has been fixed under section 4, no further increase or decrease in such fair rent shall be permissible for a period of five years:
  Provided that an increase may be allowed in cases where any addition, improvement or alteration has been carried out at the expense of the landlord, and in the building or rented land which is in occupation of the tenant then at the request of the tenant :
  Provided further that the decrease may be allowed in cases where there is a decrease or diminution in the accommodation or amenities provided.
  (2) Any dispute between the landlord and the tenant in regard to any increase or decrease under this section shall be decided by the Controller.

The Correct answer is Cost

Key Points Section 17: Costs

(1) The compensation and costs related to all proceedings before the Controller, appellate authority, or revisional authority are at the discretion of the respective authority. The Controller, appellate authority, or revisional authority will determine:

• Who should bear the costs,
• From which property, and
• To what extent the costs are to be paid.

The correct answer is option 3 

Key PointsAs per Section 13 of Haryana Urban (Control of Rent and Eviction) Act, 1973
(1) A tenant in possession of a building or rented land can only be evicted following the guidelines outlined in this section.

The correct answer is Option 4

Key PointsSection 24 of the Himachal Pradesh Urban Rent Control Act (HPURC) provides Vesting of appellate authority on officers by State Government

Sub-section (1)(b): Time Limit for Filing an Appeal

• Statement i: "Within fifteen days from the date of such order"

This is correct as per Section 24(1)(b), which explicitly states that a person aggrieved by an order of the Controller may prefer an appeal to the appellate authority within fifteen days from the date of the order.

• Statement ii: "Or such longer period as the appellate authority may allow for reasons to be recorded in writing"

This is also correct, as the appellate authority has the discretion to allow an appeal after the fifteen-day period if reasons for the delay are provided and recorded in writing.
This provision allows for flexibility in cases where the appellant has valid reasons for not meeting the initial deadline.

• Statement iii: "In computing the period of fifteen days, the time taken to obtain a certified copy of the order appealed against shall be excluded"
  • This is correct, as Section 24(1)(b) explicitly provides that the time taken to obtain the certified copy of the order must be excluded when calculating the fifteen-day period.

This ensures fairness to the appellant, as the delay in obtaining the certified copy does not count against the time allowed for filing the appeal.