P&H: Unconditional stay cannot be granted from order of eviction but shall be subject to payment of entire arrears of rent and subject to monthly rent

punjab-haryana
⚖️ Order Date: 29 May 2026
Headnotes

Rent and Eviction — Appeal against eviction order — Stay of operation — Unconditional stay — Appellate Authority should not have granted an unconditional stay to appellant against whom an order of eviction had been passed - Stay of eviction order was modified to make...


Facts of the Case

P&H: Unconditional stay cannot be granted from order of eviction but shall be subject to payment of entire arrears of rent and subject to monthly rent

Punjab and Haryana High Court has held that an appellate authority should not grant an unconditional stay of an eviction order passed by the Rent Controller.

High Court was hearing revision petition challenged the order by the Appellate Authority staying operation of an eviction order.

The petitioner argued that while the stay order could be continued, it ought not to have been granted without conditions. He submitted that the tenant should have been directed to clear the entire arrears of rent and continue paying rent every month. According to him, about Rs. 1.80 lakh was outstanding.

The High Court agreed...

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