PURSHOTAM LAL Vs. KIRPAL KAUR

JUDGEMENT

(1.) THIS petition is directed against the order of the Rent Controller Ludhiana dated 30 4-I988 whereby sanction for filing a complaint against the landlord was granted.

(2.) THE tenant Kirpal Kaur and others filed a petition under Section 19 of the East Punjab Urban Rent Restriction Act, 1949 (for short the 'act') for taking action against their landlord Parshotam Lal as he had violated the provisions of sub Section 2 of Section 9 of the Act. According to the tenant, the landlord filed an ejectment application in which ho claimed house tax from them which the landlord was not entitled to recover. Hence he violated the provisions of sub-Section 2 of Section 9 of the Act and hence necessary sanction for prosecution was sought under Section 19 of the Act. The case of the landlord was that, tenant has not paid arrears of house tax claimed by the landlord and that being so the question of violating the provisions of sub-section,12 of Section 9 did not arise. The learned Rent Controller found that what is to be seen is as to whether the landlord is liable for demanding house tax time and again when once it was settled that he was not entitled for the same. It was further found that Section 9 of the Act prohibits the landlord from increasing the rent of the building on account of douse tax except in cases where fresh house tax is levied after the commencement of the Act or there is increase in the rate of house tax being levied at the commencement of the Act. According to the learned Rent Controller while demanding enhanced rent on account of house tax when it was already held that the landlord was not liable for that, he has contravened the provisions of Section 9 of the Act.

(3.) LEARNED counsel for the landlord/petitioner submitted that there was no violation of sub-Section 2 of Section 9 of the Act as it contemplates recovery from his tenant on account of any fax. The mere demand, according to the learned counsel was not sufficient unless the said amount was recovered which was never the case of the tenant. Thus argued the learned counsel since there was no violation of subsection 9, the question of granting any sanction for any prosecution under Section 19 of the Act was not available.