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Section 9: Landlord not to claim anything in excess of fair rent

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1973
Section 8 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 10

Legal Commentary & Landmark Judgments: Section 9

Section 9 obligates the landlord to provide basic public amenities—specifically electricity, tap water, and sewerage—once introduced into the locality, empowering the tenant to secure installation through the Rent Controller and deduct costs from rent.

  • Enforceable Statutory Entitlement to Municipal Amenities: Entitles the tenant to enjoy basic amenities of electricity, piped tap water supply, and municipal sewerage as soon as such services are made available in the locality by the Government or local authority.
  • Statutory Requisition and Default Mechanism: Requires the tenant to issue a written request giving the landlord 30 days to agree in writing and 90 days to provide the amenity; failure empowers the tenant to apply to the Rent Controller under Section 9(2).
  • Controller's Authorization and Fifty Percent Rent Deduction Ceiling: Empowers the Controller to permit the tenant to install the amenity at the landlord's cost, subject to the statutory restriction that rent deductions shall not exceed 50% of monthly rent until fully recouped.
Key Landmark Precedents:
  • Kanhiya Lal v. Ram Nath, 1980 (1) RCR (Rent) 554 (P&H): Held that basic amenities like electricity and tap water are essential to human existence; where municipal mains reach the area, the tenant is entitled to an order under Section 9 compelling provision or authorizing installation.
  • Gopal Dass v. Smt. Chander Kanta, 1991 (2) RCR (Rent) 193 (P&H): Held that the 50% monthly rent deduction cap under Section 9(4) is mandatory to protect the landlord's cash flow; the tenant cannot withhold full rent to recoup installation expenses without an order of the Controller.
  • Surinder Kumar v. Ram Parkash, 1988 (2) RCR (Rent) 441 (P&H): Held that the defense of undue hardship under Section 9(5) must be substantiated with tangible proof of the landlord's financial incapacity or structural impossibility; generalized resistance cannot defeat amenity orders.
Courtroom Practice & Strategic Litigation Guidance:

In an application under Section 9, attach the municipal notification proving the extension of water or electricity mains to the street, a copy of the 30-day requisition letter sent to the landlord, and postal acknowledgment. Present an estimate from a licensed plumber or electrical contractor. Pray specifically for leave to execute work and deduct expenses up to the statutory 50% monthly ceiling.

Section 8 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 10