ABDUL KADER versus G.D. GOVINDARAJ (D) BY LRS.

ABDUL KADER versus G.D. GOVINDARAJ (D) BY LRS.

Non-payment of agreed property tax by tenant forms part of default in rent and constitutes wilful default under s.10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, justifying eviction after proper notice.

Parties
Appellant: Abdul Kader; Respondent: G.D. Govindaraj (D) by LRs.
Jurisdiction
India
Judgment Date
24 April 2002
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal Against Eviction Decree
Outcome
Appeal dismissed; eviction order upheld; no order as to costs.
Legal Topics
Wilful Default, Eviction, Definition of 'rent', Payment of Property Tax as Part of Rent
Landlord Tenant Law Wilful Default Eviction Definition of 'rent' Payment of Property Tax as Part of Rent

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Parties

Abdul Kader

Appellant

G.D. Govindaraj (D) by LRs.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal Against Eviction Decree

Legal Issues

  1. 1 Whether failure to pay property tax agreed under tenancy amounts to wilful default under s.10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960
  2. 2 Whether arrears of property tax can be considered part of 'rent' for eviction under the Act

Ratio Decidendi

Non-payment of agreed property tax by tenant forms part of default in rent and constitutes wilful default under s.10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, justifying eviction after proper notice.

Court Disposition

Appeal dismissed; eviction order upheld; no order as to costs.

Orders

  • Eviction decree against tenant stands
  • No order as to costs