9911796707
TMI Blog2018 (8) TMI 831X X X X Extracts X X X X X X X X Extracts X X X X ..... as an occupier under the provisions of the Kolkata Municipal Corporation Act, 1980 (hereinafter referred to as "the 1980 Act"). The application filed by the landlord was dismissed by the learned Trial Court which view has been upheld in appeal by the High Court. 3. The matter lies in a very short compass and the question arising may be formulated as hereunder: "Whether after the amendment of the West Bengal premises Tenancy Act by Amendment Act No. 14 of 2001 with effect from 10th July, 2001 [which had incorporated sub-section (8) to Section 5] whether a tenant who defaults in payment of his/her share of municipal tax as apportioned by the landlord would be in default of rent rendering him/her liable to eviction." 4. The rent agreement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount due as his share of the municipal tax, the landlord instituted the proceedings for eviction on the ground of default of payment of rent on the part of the respondent-tenant. 6. The learned Trial Court dismissed the claim of the landlord on the ground that no documentary evidence with regard to the enhancement of property tax was forthcoming and as the respondent-tenant had been depositing the monthly rent payable with the Rent Controller, the tenant cannot be deemed to be the defaulter. 7. In appeal, the High Court upheld the order of the learned Trial Court though on a different reasoning. The High Court held that even if the municipal taxes are to be held to be part of the rent payable, there is no automatic enhancement of the ren ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ....." 10. The respondent-tenant nowhere denied in any specific terms that the share of municipal taxes demanded was disproportionate or excessive or otherwise unauthorized in law. The argument advanced at the bar that the landlord cannot apportion the municipal taxes among different tenants if the premises is to be occupied by more than one tenant and it is the Municipal Corporation who is the authority to separately assess the tax payable by each tenant does not find any support from the provisions of the 1980 Act. 11. This aspect of the matter came up for consideration before this Court in Calcutta Gujarati Education Society and another vs. Calcutta Municipal Corpn. and others (2003) 10 SCC 533 and the views expressed by this Court is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... particular limit and the right of eviction of the landlord is restricted to the grounds under the Tenancy Act. By the impugned provisions of the Act, therefore, the legislature has thought of apportioning the tax burden between owner or the lessor as one party and the tenant, sub-tenant or occupier as the other parties. The whole amount of tax is recoverable from the lessor and may also be recovered from the tenant or sub-tenant through attachment of the rent. In case where the lessor or landlord has paid the whole tax including the portion of tax payable by the tenant or sub-tenant, the landlord has to be equipped with the power to get himself reimbursed by recovery of the portion of tax paid by him on behalf of the tenant. Section 231 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by him on behalf of the tenant, if required, proportionately to the extent that the value of the area occupied bears to the value of the total area of the property. Under the 1980 Act, in the event of any default on the part of the owner to pay the tax the rent payable by the tenant(s) is liable to be attached. 13. In the present case, default on the part of the respondent-tenant is clear and evident. The obligation to pay municipal taxes on the tenant being over and above the obligation to pay the rent by virtue of the provisions of Section 5(8) of the 1997 Act, the High Court could not have imposed on the landlord the requirement of obtaining a formal order of enhancement of rent from the Rent Controller. 14. For the aforesaid reasons ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
