Kolkata Municipal Corporation Act, 1980 | Case Reference

Kolkata Municipal Corporation Act, 1980

Section 231- Rent is a compendious expression which may include lease money with service charges for water, electricity and other taxes leviable on the tenanted premises The word "rent" has not been defined in the tenancy law and this Court has taken note of this legal position which arose out of the provisions of the Tenancy Act applicable to West Bengal. Rent is a compendious expression which may include lease money with service charges for water, electricity and other taxes leviable on the tenanted premises." (underlining is ours) As already seen, in paragraph 45 of the report, extracted above, the provisions of Section 231 of the 1980 Act was also considered and it was held that municipal taxes would be a part of the "rent" payable by the tenant to the landlord. 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. For the aforesaid reasons, we allow this appeal and set aside the order of the High Court affirming the order of the learned Trial Court. The application filed by the landlord for eviction of the respondent-tenant is allowed. M/S Popat & Kotecha Property VS Ashim Kumar Dey, [5 LM (SC) 53]