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Section 6: Landlord's duty to provide basic amenities

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1973
Section 5 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 7

Legal Commentary & Landmark Judgments: Section 6

Section 6 enforces the supremacy of determined fair rent by strictly prohibiting landlords from claiming, receiving, or contracting for any premium, pagri, fine, or excess sum, while rendering contrary agreements void and restricting advance rent to one month.

  • Absolute Statutory Prohibition of Pagri and Premium: Prohibits landlords from claiming or receiving any premium, fine, pagri, or any sum over and above the fair rent fixed under Section 4, safeguarding tenants from exploitative market pressures.
  • Statutory Ceiling on Advance Rent: Caps advance rent stipulations strictly to an amount not exceeding one month's rent, rendering any demand for multi-month deposits or security deposits illegal under Section 6(a).
  • Statutory Invalidation of Contrary Agreements: Renders null and void any covenant, contract, lease clause, or collateral undertaking stipulating the payment of rent or sums in excess of determined fair rent.
Key Landmark Precedents:
  • Mohd. Salimuddin v. Misri Lal, (1986) 2 SCC 378: Held that where a landlord extracts advance payments or pagri in violation of rent control statutes, the tenant is not in pari delicto due to unequal bargaining power; the unlawful advance must be adjusted against future rent arrears to negate alleged default.
  • Budhwanti v. Gulab Chand Prasad, (1987) 2 SCC 153: Affirmed that agreements exacting payments beyond statutory fair rent are unlawful and void ab initio, and any sums retained by the landlord under such illicit covenants constitute money held for the tenant's benefit.
  • Sarla Devi v. Shakuntla Devi, 1996 (1) RCR (Rent) 310 (P&H): Held that a landlord cannot forfeit or demand multi-month security advances under Section 6(a); excess receipts must be set off against outstanding rent liabilities when deciding rent default in eviction proceedings.
Courtroom Practice & Strategic Litigation Guidance:

When defending a tenant against an eviction petition filed under Section 13 for non-payment of rent, audit all initial lease documentation and bank deposits. If the landlord received several months' advance rent or pagri exceeding one month's rent, invoke Section 6 to plead that the excess amount automatically wipes out any alleged arrears, defeating the ground of default.

Section 5 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 7