SHRI BODH RAJ KHANNA (DECEASED) THROUGH HIS LEGAL REPRESENTATIVES SHRI MOTI SAGAR KHANNA, ETC. Vs. SHRI SANT SARAN BHALLA

JUDGEMENT

(1.) The respondent landlord granted a lease of the premises to the appellant tenant on "the agreed rent of Rs. 170.00 per month inclusive of house tax but exclusive of electricity and water charges". Under section 7(2) of the Delhi, Rent Control Act, 1958 (hereinafter called the Act) the electricity and water charges are payable by the tenant. But the landlord is prohibited from recovering from the tenant by means of an increase in rent or otherwise "the amount of any tax on building or land" imposed on the premises occupied by the tenant. If the landlord, in contravention of section 7 (2) is paid any sum or other consideration, the Controller may, on an application made by the tenant under section 13 of the Act order the landlord to refund such sum or consideration to the tenant.

(2.) The tenant applied under section 13 of the Act for the refund of 204.00 alleged to have been illegally recovered by the landlord at a rate of Rs. 17/- per month by way of house tax contrary to section 7 (2) of the Act. The landlord denied that he had recovered any house tax from the tenant. On the contrary, Rs. 170.00 per month was only the rent for the premises. The claim of the tenant was dismissed both by the Controller and the Rent Control Tribunal. Hence this second appeal by the tenant.

(3.) Two interesting questions arise for decision, the first a mixed question of fact and law and the second one of law, as follows:-