M/S POPAT & KOTECHA PROPERTY & ORS. versus ASHIM KUMAR DEY
Tenant's statutory obligation under Section 5(8) of West Bengal Premises Tenancy Act, 1997 to pay municipal taxes apportioned by landlord renders withholding such payment a default in rent, justifying eviction; the High Court erred in requiring formal enhancement order from Rent Controller.
- Parties
- Appellant: M/S Popat & Kotecha Property & Ors.; Respondent: Ashim Kumar Dey
- Jurisdiction
- India
- Judgment Date
- 09 August 2018
- Procedural Posture
- Civil Appeal / Appeal by Special Leave From High Court Order
- Outcome
- Appeal allowed; application for eviction granted.
- Legal Topics
- Eviction, Municipal Taxes, Default in Payment of Rent, Interpretation of Statutory Amendments
Case Brief
Summary, issues, holding and outcome
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Parties
M/S Popat & Kotecha Property & Ors.
Appellant
Ashim Kumar Dey
Respondent
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Order
Legal Issues
- 1 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 after amendment to West Bengal Premises Tenancy Act, 1997
Ratio Decidendi
Tenant's statutory obligation under Section 5(8) of West Bengal Premises Tenancy Act, 1997 to pay municipal taxes apportioned by landlord renders withholding such payment a default in rent, justifying eviction; the High Court erred in requiring formal enhancement order from Rent Controller.
Court Disposition
Appeal allowed; application for eviction granted.
Orders
- Order of High Court and Trial Court set aside.
- Landlord's application for eviction against respondent-tenant allowed.
Full Case Text
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