Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1997 – ss. 5(8) 18 – Applicability of – Civil Procedure Code 1908 3(f)(i) West Bengal Premises Tenancy Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | West Bengal Premises Tenancy Act, 1997 – ss. 5(8), 3(f)(i), 18 – Applicability of – Civil Procedure Code, 1908 – Or.7, r.11 – Rejection of Plaint – Transfer of Property Act, 1882 – s. 106 – Municipal Tax as Rent – A tenancy agreement was executed between the appellant (landlord) and the respondent (tenant) – Under the Tenancy Agreement, the rent was fixed at Rs.10,000/- per month – Further, the liability to pay the taxes including surcharge and water tax/fees was also upon the tenant – The appellant terminated the tenancy by issuing notice u/s. 106 of TPA – Upon expiry of the notice period, the appellant filed a eviction suit – According to the appellant as the respondent is liable to pay taxes in view of the 1997 Act, the total rent exceed the ceiling limits of 10,000/- – Hence, the Act 1997 is not applicable and therefore the Landlord terminated the tenancy by issuing notice under TP Act – The respondent filed application for rejection of plaint, inter-alia, on the ground that the suit was barred by reasons of the provisions of the Act 1997 being applicable because the rent of the premises was Rs.10,000/- and the tenancy being for commercial purpose is not exempted u/s. 3(f)(i) of the Act, 1997 – Single Judge of the High Court allowed the said application and rejected the plaint – Division Bench of the High Court dismissed the appeal – On appeal, held: As per the tenancy agreement, the rent payable would be Rs. 10,000/- per month and the liability to pay municipal taxes is separate and distinct on the tenant – Merely because the obligation to pay half of the property tax and surcharge would be upon the tenant as per s. 230 of the Kolkata Municipal Corporation Act, 1980 and the tenant is obliged to pay his share of municipal tax as an occupier of the premises u/s. 5(8) of the Act, 1997 and merely because for the purpose of recovery of the tax due from the tenant, such tax apportioned can be recovered as rent, such tax cannot become part of the rent of the premises which is tenanted – The terms and conditions mentioned in the tenancy agreement are required to be considered – The monthly rent due and payable was Rs. 10,000/- per month, the High Court rightly observed and held that the Act, 1997 shall be applicable and therefore the civil suit filed by invoking s.106 of the TP Act is impliedly barred – The plaint was rightly rejected by the High Court – Kolkata Municipal Corporation Act, 1980 – ss. 230, 231. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 774 |
Petitioner | Eih Limited |
Respondent | Nadiavirji |
SCR | [2022] 6 S.C.R. 1011 |
Judgement Date | 2022-08-01 |
Case Number | 4797 |
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