BACHAN SINGH Vs. VEER BHAN

JUDGEMENT

(1.) THE respondent-tenant Veer Bhan filed an application under Section 6-A of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 'the Rent Act') with the prayer that he be permitted to deposit rent for the period from 1.11.1981 to 31.5.1982 at the monthly rate of Rs. 120/- plus house tax. It was the case of the respondent- tenant Veer Bhan that house tax was being charged by the Municipal Committee at the rate of 10% at the time of inception of the tenancy and as such he agreed to deposit rent coupled with house tax at the rate of 10%. While adjudicating upon the application filed by the respondent-tenant, the Rent Controller struck the following issues :

(2.) IT is evident that while adjudicating upon the aforesaid claim, the Rent Controller, in terms of Section 6-A(2) of the Rent Act, was also to determine whether the payment being made by the tenant to the landlord was in consonance with the rent due. In order to arrive at the said conclusion, it was imperative for the Rent Controller to determine the rate of rent payable. While adjudicating upon the controversy, the Rent Controller returned the finding that rent was payable at the rate of Rs. 120/- per month besides house tax at the rate of 10% thereon. In view of the aforesaid finding, the application filed by the respondent-tenant Veer Bhan was allowed by the Rent Controller on 15.5.1985.

(3.) I have heard learned counsel for the parties. The solitary contention of learned counsel for the petitioner is based on notification dated 22.2.1980, according to which the house tax has been enhanced from 10% to 12.5% with effect from the date of issuance of said notification. A copy of the aforesaid notification is not available on the record of this case. It is, therefore, not possible for this Court to arrive at any positive conclusion whether or not any notification has been issued whereby the rate of house tax has been enhanced from 10% to 12.5%. Be that as it may, in case of enhancement of house tax, increase in rent can be claimed only if the landlord issues a notice to the tenant claiming increase in rent on account of payment of house tax as is the mandate of the second proviso to Section 8(1) of the Rent Act. Section 8(1) of the Rent Act is being extracted hereunder for facility of reference : Notwithstanding anything contained in any other provision of the Act a landlord shall be entitled to increase the rent of a building or rented land if after the commencement of the tenancy a fresh rate, cess or tax is levied in respect of the building or rented land by any local authority, or if there is an increase in the amount of such a rate, cess or tax being levied at the commencement of this Act : Provided that the increase in rent shall not exceed the amount of any such rate, cess or tax or the amount of the increase in such rate, cess or tax, as the case may be : Provided further that such increase in rent shall be payable by the tenant from the date of despatch of the written notice of demand sent by landlord under registered cover.