SMT. KIRPAL KAUR Vs. BHAGWANT RAI

JUDGEMENT

(1.) THE demised property known as Serai Albel Singh is situate at Patiala. It was the property of Kuldip Singh who had let it to Bhagwant Rai Respondent for an annual rental of Rs. 2,850 sometime in the year 1954. In the year 1957, Patiala Municipality levied house -tax within its municipal limits. In the same year the rent of the demised property was raised from Rs. 2,850 to Rs. 3,300 per annum, thus making increase in the rent of Rs. 450 per annum. After the death of Kuldip Singh his widow Kirpal Kaur, Applicant has come to be the owner of the demised property under a gift from her deceased husband Kuldip Singh.

(2.) ON March 11, 1966, she gave a notice to the Respondent that the demised property had been assessed by the Patiala Municipality to an annual amount of house -tax at Rs. 1,308.88 paise and saying that "You are, therefore, liable under the law to pay increased rent to the extent of Rs. 3,300 plus Rs. 1,308.88 paise as house -tax, totally Rs. 4,608.88 paise. Please note that in future, so long as you are a tenant in the said building, you will be liable to pay Rs. 4,608.88 paise as the annual rental of the property instead of Rs. 3,300 originally fixed and in case of non -payment of the same you will be liable to ejectment on that account." The notice further claimed arrears of house -tax at the rate as above for the years 1956 -57 to 1961 -62 within fifteen days of the date of the notice, otherwise threatening proceedings for eviction of the Respondent. In reply the Respondent denied his liability to pay any house -tax. The consequence was that the Applicant made an application for eviction of the Respondent from the demised property under Section 13(2)(i) of the East Punjab Urban Rent Restriction Act, 1949 (East Punjab Act 3 of 1949), on the ground of non -payment of arrears of rent by the Respondent.

(3.) THE provision as to increase of rent on account of levy of house -tax is contained in Section 9 of the Act, which section reads - -