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Section 5: Revision of fair rent in certain cases

Haryana Urban (Control of Rent and Eviction) Act, 1973 • Official Statutory Text & Practice Guide

Statutory Regulation
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Competent Court / Tribunal
Act 1973
Section 4 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 6

Legal Commentary & Landmark Judgments: Section 5

Section 5 regulates the revision of fair rent fixed under Section 4, imposing a mandatory five-year lock-in period against revision while carving out narrow statutory exceptions for structural additions and diminution of accommodation.

  • Mandatory Five-Year Revision Moratorium: Prohibits any upward or downward variation of fair rent for a statutory period of five years from the date of determination under Section 4, ensuring financial certainty and stability in urban tenancies.
  • Landlord's Enhancement Window for Tenant-Requested Additions: Permits an increase in fair rent prior to the five-year expiry only where additions, improvements, or structural alterations have been carried out at the landlord's expense and, in occupied premises, at the tenant's express request.
  • Tenant's Remedy for Accommodation Diminution: Authorizes the tenant to claim a proportionate reduction in fair rent where there occurs an involuntary diminution, damage, or curtailment of the tenanted accommodation or essential amenities.
Key Landmark Precedents:
  • Mohinder Singh v. State of Haryana, 1989 (2) RLR 534 (P&H): Held that the five-year freeze under Section 5(1) is an absolute statutory bar; in the absence of substantial structural additions executed at the tenant's written request, no petition for upward revision of fair rent can be entertained prior to the lapse of five years.
  • Ramesh Kumar v. A.K. Menon, 1999 (1) RCR (Rent) 215 (P&H): Held that normal maintenance, minor repairs, or white-washing executed by the landlord cannot be classified as 'improvements or alterations' under Section 5(1) to justify fair rent enhancement.
  • State of Maharashtra v. Baburao Ravaji Mharatre, (1979) 4 SCC 616: Laid down the principle that statutory rent revision mechanisms based on structural improvements require concrete proof of capital expenditure and tenant consent, preventing landlords from manufacturing unilateral enhancements.
Courtroom Practice & Strategic Litigation Guidance:

When drafting an application for fair rent revision on behalf of a landlord under Section 5, attach the prior Section 4 fair rent order, architectural plans of structural additions, municipal sanctions, bills of capital expenditure, and documentary proof of the tenant's written requisition. In the absence of written consent, an enhancement petition filed within five years will be dismissed in limine.

Section 4 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 6