Section 10: Fine or premium not to be claimed for grant, renewal or continuance of tenancy
Haryana Urban (Control of Rent and Eviction) Act, 1973 • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1973
Legal Commentary & Landmark Judgments: Section 10
Section 10 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 prohibits landlords from severing, withholding, or curtailing essential amenities enjoyed by the tenant without just and sufficient cause.
Under sub-section (1), a total embargo is placed on the landlord acting unilaterally or extra-judicially to dislodge the tenant by sabotaging utility connections.
Sub-sections (2) and (3) prescribe a swift, summary remedy: a aggrieved tenant may apply directly to the Rent Controller, who is empowered to issue interim restoration directions and, after summary inquiry, order immediate restoration of the amenity at the landlord's cost. If the landlord fails to comply, the Controller may authorize the tenant to restore the amenity and deduct the expenses from current or future rents.
Section 10 applications are treated as emergency interlocutory proceedings. A landlord attempting to justify disconnection must discharge an onerous burden of demonstrating 'just and sufficient cause'—such as municipal disconnection due to force majeure or tenant tampering—rather than non-payment of disputed rent. Malicious withholding also attracts penal consequences under Section 19.