HARBANS LAL Vs. JOGINDER SINGH

JUDGEMENT

(1.) IT is not a matter of dispute that while letting out two shops to the petitioner-tenant, the landlord executed a rent-note, a copy of which has been placed on the file of the Rent Controller as Exhibit A1. It is also not a matter of dispute that in the aforesaid rent note (Exhibit A1), the petitioner-tenant besides accepting the liability to pay monthly rent, had also accepted the liability to pay committee-tax. One of the shops taken on rent was surrendered by the petitioner-tenant and now he is in possession of only one shop.

(2.) ON account of the fact that the petitioner-tenant had not paid rent as well as house tax, an ejectment application was filed by Joginder Singh, respondent-landlord against Harbans Lal, petitioner-tenant. In the aforesaid application, it was alleged that the petitioner-tenant had not paid rent w.e.f. 1.8.1993. It was also alleged that the petitioner-tenant was liable to pay house-tax w.e.f. 1988-89 upto 1996-97 as the same must be considered to be a component of the rent payable by the petitioner/tenant to the respondent- landlord.

(3.) THE first submission made by learned counsel for the petitioner is that he was not liable to pay house tax in view of the fact that the house tax had not specifically been mentioned in the rent note (Exhibit A1). It is the case of the petitioner-tenant that the rent note (Exhibit A1) referred to only committee-tax and since there was no committee tax payable, nor had the respondent-landlord claimed committee tax from the petitioner-tenant, he could not be ejected on account of non-payment of house-tax.