Section 2 Haryana Rent Act: Definitions

Section 2 of Haryana Urban (Control of Rent and Eviction) Act, 1973: Definitions

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

In this Act, unless the context otherwise requires,—

(a) "building" means any building or part of a building let for any purpose whether being actually used for that purpose or not, including any land, godowns, out-houses, or furniture let therewith, but does not include a room in a hotel, hostel or boarding-house;

(b) "Controller" means any person who is appointed by the State Government to perform the functions of a Controller under this Act;

(c) "landlord" means any person for the time being entitled to receive rent in respect of any building or rented land, whether on his own account or on behalf, or for the benefit, of any other person, or as a trustee, guardian, receiver, executor or administrator for any other person, and includes a tenant who sublets any building or rented land in the manner hereinafter provided, and every person from time to time deriving title under a landlord;

(d) "non-residential building" means a building being used solely for the purpose of business or trade:

Provided that residence in a building only for the purpose of guarding it shall not be deemed to convert a "non-residential building" to a "residential building";

(e) "prescribed" means prescribed by rules made under this Act;

(f) "rented land" means any land let separately for the purpose of being used principally for business or trade;

(g) "residential building" means any building which is not a non-residential building;

(h) "tenant" means any person by whom or on whose account rent is payable for a building or rented land and includes a surviving spouse, or any son or daughter, or other heir of a deceased tenant who had been ordinarily living with such tenant at the time of his death;

(i) "urban area" means any area administered by a municipal committee, notified area committee, Faridabad Complex Administration or any area declared by the State Government by notification to be an urban area for the purposes of this Act.

Legal Commentary & Landmark Judgments: Section 2

Section 2 provides the foundational statutory definitions governing the Haryana rent control regime, including 'building', 'landlord', 'tenant', 'rented land', and 'residential and non-residential buildings', defining the jurisdictional boundaries of the Rent Controller.

Comprehensive Definition of Building and Rented Land: Defines 'building' under Section 2(a) as any structure or part let for any purpose with appurtenant land, godowns, outhouses, gardens, furniture, fittings, and machinery (excluding hotel rooms), while 'rented land' under Section 2(f) comprises bare land let separately and principally for business or trade.
Fiduciary and Proprietary Scope of Landlord: Defines 'landlord' under Section 2(c) broadly to encompass not merely the absolute owner, but any person entitled to receive rent on own account or as trustee, guardian, receiver, executor, or rent collector, including a tenant who lawfully sublets.
Statutory Tenancy and Heritability under Section 2(h): Confers statutory tenant status on persons continuing in possession after contractual lease determination, explicitly extending heritability upon the tenant's death to surviving spouse, sons, daughters, and parents residing or carrying on business therein.

Key Landmark Precedents:

Gian Devi Anand v. Jeevan Kumar, (1985) 2 SCC 683 (Constitution Bench): Held that tenancy rights in respect of commercial and non-residential premises are statutory and fully heritable upon the death of the tenant; legal heirs step into the shoes of the statutory tenant and enjoy identical protections against eviction unless statutory grounds under rent control legislation are established.
Harbilas Rai Bansal v. State of Punjab, (1996) 1 SCC 1: Struck down the legislative classification denying landlords the right to seek eviction of non-residential buildings for personal bona fide requirement as arbitrary and violative of Article 14, establishing parity between residential and non-residential premises for genuine owner necessity.
Kewal Krishan v. Amrit Lal, 2001 (1) RCR (Rent) 429 (P&H): Held that where open land is let out for business under Section 2(f), the subsequent construction of temporary sheds or boundary walls by the tenant without landlord consent does not alter its character as 'rented land' into a 'building'.

Courtroom Practice & Strategic Litigation Guidance:

In eviction pleadings, establish the precise legal capacity under Section 2. If representing an owner, allege entitlement to receive rent to establish 'landlord' standing without needing to prove absolute title. When defending an eviction petition filed against legal representatives of a deceased tenant, plead active co-residence or continuous joint conduct of business at the time of the original tenant's demise under Section 2(h) to establish statutory transmission.

Section 2: Definitions

Section 2 of Haryana Urban (Control of Rent and Eviction) Act, 1973: Definitions

Legal Commentary & Landmark Judgments: Section 2