Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1997 West Bengal Premises Tenancy Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Kolkata Municipal Corporation Act, 1980 (59 of 1980) West Bengal Premises Tenancy Act, 1997 (37 of 1997) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | West Bengal Premises Tenancy Act, 1997 – sub-s.8 of s.5(Incorporated vide Amendment Act No.14 of 2001) – Landlord filedapplication under the Act of 1997 for eviction of the respondenttenanton the ground that the tenant had defaulted in payment ofhis share of municipal tax as an occupier under the provisions ofthe Kolkata Municipal Corporation Act, 1980 – Applicationdismissed by the trial Court – Dismissal upheld by the High Court –On appeal, held: With amendment to the Act of 1997 withincorporation of sub-s.8 of s.5, the obligation to pay municipaltaxes as an occupier of the premises fell upon the tenant – Ininstant case, respondent-tenant nowhere denied in any specific termsthat the share of municipal taxes demanded was disproportionateor excessive or otherwise unauthorised in law – Furthermore,default on the part of the respondent-tenant was clear and evident– The obligation to pay municipal taxes on the tenant being overand above the obligation to pay the rent by virtue of the provisionsof Section 5(8) of the 1997 Act, the High Court could not haveimposed on the landlord the requirement of obtaining a formalorder of enhancement of rent from the Rent Controller – Thus,application filed for eviction is allowed – Kolkata MunicipalCorporation Act, 1980.Kolkata Municipal Corporation Act, 1980 – ss.230 and 231– Municipal tax assessment when premises is occupied by more thanone tenant – Held: Assessment of a part of premises in occupationof different tenants for municipal tax is not contemplated under the1980 Act – In fact, from the provisions of s.230 of the Act, it is clearthat the person to be assessed to tax is the person “primarily liableto pay” i.e. the owner who is further vested with the right to recover the portion of the tax paid by him on behalf of the tenant – Thus,the municipal taxes would be a part of the “rent” payable by thetenant to the landlord – Besides, the Act provides that in event ofany default on the part of the owner to pay the tax the rent payableby the tenant(s) is liable to be attached. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2018 INSC 680 |
Petitioner | M/s Popat & Kotecha Property & Ors. |
Respondent | Ashim Kumar Dey |
SCR | [2018] 9 S.C.R. 518 |
Judgement Date | 2018-08-09 |
Case Number | 8149 |
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