LEKH RAJ Vs. DHAN DEVI

JUDGEMENT

(1.) THE petitioner (tenant) has filed the present revision against the judgment of the Appellate Authority under Section 15 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, Ambala dated 22.9.1981 by which the petitioner has been ordered to be evicted from the shop in dispute on the ground of the non-payment of the house tax.

(2.) BRIEFLY , the facts of the case are that Smt. Dhan Devi landlady filed petition for ejectment of the tenant-petitioner from the shop situated in the Municipal limits of City Yamuna Nagar under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 on various grounds, one of them being that the tenant is in arrears of rent. The Rent Controller dismissed the petition filed by the landlady on all counts. An appeal was filed before the Appellate Authority. In the appeal filed, the Appellate Authority held that as the house tax is part of the rent and the same has not been paid by the tenant, therefore, the tenant is liable to be evicted for non-payment of rent.

(3.) IN reply Mr. Mamli has contended that notice under Section 8 was duly served upon the landlady and the copy of the notice is Ex.A-2. It is contended that in the notice it has specifically been stated that tenant is liable to pay house tax at the rate of 12% from 1972 onwards. Mr. Mamli has also relied on the judgments in 1982 R.C.R. 558 and 1981 R.C.R. 496 to contend that once a notice is sent then there is a sufficient compliance of Section 8 and in the absence of the tenant not paying the house tax eviction is to be ordered.