Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 50 - New Delhi Municipal Council Act 1994 - s.67(3) Delhi Rent Control Act. 1958 - s. 7(2). 14 411 - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Delhi Rent Control Act. 1958 - s. 7(2). 14, 50 - New DelhiMunicipal Council Act, 1994 - s.67(3), 411 - Whether property taxfrom the tenant u/s. 67(3) of the New Delhi Municipal recoverable Council Act, 1994 (NDMC Act) as arrea1:5 of rent by the landlord/owner can be considered to be forming part of the rent for thepurpose of seeking eviction of such tenant who de.fc111lts in paymentof such recoverable tax as rent - Held: Delhi Rent Control Act is anĀ· earlier Act when compared to the NDMC Act, it is a special enactment in relation to landlord and tenant issue and has a non-obstante clause- It restricts the right of the landlord to evict the tenant at his will -Sub-section (2) of s.7 of the Act puts an embargo on the landlordnot to recover from the tenant any amount of tax on the building orland imposed in respect of the premises occupied by the tenant -Whereas, NDMC Act is not a special enactment insofar as landlord-tenant issue is concerned and it contains s. 411 which provides thatother laws not to be disregarded - S.67(3) of the NDMC Act merelygives a right to recover the tax in respect of the premises as rent - Itdoes not override the Rent Act insofar as obviating the effect ofs. 7 (2) of the Rent Act - Tax recoverable from the tenant 11/s. 67 (3) ofF the NDMC Act as arrears of rent by the appellant cannot beconsidered to be forming part of the rent for seeking eviction of therespondent who defaults in payment of such recoverable tax as rem- Interpretation of Statutes - Harmonious Construction. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2017 INSC 1196 |
Petitioner | Atma Ram Properties Pvt. Ltd. |
Respondent | The Oriental Insurance Co. Ltd. |
SCR | [2017] 12 S.C.R. 1044 |
Judgement Date | 2017-12-06 |
Case Number | 20913 |
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