GITA DEVI Vs. THE FINANCIAL COMMISSIONER AND ORS.

JUDGEMENT

(1.) THE short but interesting controversy raised in the petition under Article 226 of the Constitution of India relates to the question as to whether/if by a stipulation between the landlord and tenant, the tenant agrees to pay house tax imposed by a Municipal Committee along with rent for the use and occupation of the demised premises, the said tax forms part of the rent or not. In order to appreciate the contention raised, the following facts deserve to be noticed.

(2.) THE Petitioner -landlady brought an application under Section 13 of the East Punjab Rent Restriction Act, 1949 (for short, the Act) as amended and applicable to the State of Haryana for the eviction of the Respondent -tenants on two grounds (i) non -payment of rent and (ii) subletting. The Rent Controller (S.D.O. Civil) and the appellate authority (Deputy Commissioner) upheld the above -noted stand of the Petitioner and ordered the eviction of the Respondents.

(3.) ON the other hand, the precise case pleaded by the Petitioner throughout was that right from the beginning or inception of the tenancy tenants -tenants had agreed to pay house tax along with the above -noted rate of rent. The stand taken by the Respondents that they had not agreed to pay the house tax has been clearly negative by both of the subordinate authorities i.e. the Rent Controller and the appellate authority by recording a firm finding that tenants -tenants had agreed to pay the said tax along with rent. In the light of this finding it was further held that the tender made by them was not proper and complete. To my mind, the matter appears to be completely settled against the Respondents by the following observations of the Supreme Court in Karani Properties Ltd. v. Miss Augustine, AIR 1957 S.C.409 where in the question as to whether if by a stipulation between the landlord and the tenant the landlord agrees to provide for additional amenities, like electric power for consumption and such other facilities, the charges for the same would form part of the rent under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 was answer -ed as under: