Act/Law wise: Judgment of Supreme Court of India
|
West Bengal Premises Tenancy Act, 1956 |
| Section/Order/ Article/Rule/ Regulation |
Head Note |
Parties Name |
Reference/Citation |
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Section 5(8)
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Kolkata Municipal Corporation Act, 1980
Section 231
West Bengal Premises Tenancy Act, 1997
Section 5(8)
Rent is a compendious expression which may include lease money with service
charges for water, electricity and other taxes leviable on the tenanted
premises– The word “rent” has not been defined in the tenancy law and
this Court has taken note of this legal position which arose out of the
provisions of the Tenancy Act applicable to West Bengal. Rent is a
compendious expression which may include lease money with service charges
for water, electricity and other taxes leviable on the tenanted
premises.” (underlining is ours) As already seen, in paragraph 45 of the
report, extracted above, the provisions of Section 231 of the 1980 Act was
also considered and it was held that municipal taxes would be a part of the
“rent” payable by the tenant to the landlord. Default on the part of
the respondent-tenant is clear and evident. The obligation to pay municipal
taxes on the tenant being over and above the obligation to pay the rent by
virtue of the provisions of Section 5(8) of the 1997 Act, the High Court
could not have imposed on the landlord the requirement of obtaining a
formal order of enhancement of rent from the Rent Controller. For the
aforesaid reasons, we allow this appeal and set aside the order of the High
Court affirming the order of the learned Trial Court. The application filed
by the landlord for eviction of the respondent-tenant is allowed. .....M/S
Popat & Kotecha Property =VS= Ashim Kumar Dey, [5 LM (SC) 53] ....View Full Judgment
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M/S Popat & Kotecha Property =VS= Ashim Kumar Dey |
5 LM (SC) 53 |
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Section 17(2A)
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It is the statutory right and entitlement of the landlord to get
interest–
The defendant is a defaulter in payment of rent. Once the arrears are
permitted to be paid in installments, there is no discretion
available with the Court to deny interest. It is not a discretionary
relief; it is the statutory right and entitlement of the landlord to get
interest. .....Bhagirath Agarwal =VS= M/S Simplex Concrete & Piles(I)
Pvt.Ltd., (Civil), 2017 (2)– [3 LM (SC) 5] ....View Full Judgment
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Bhagirath Agarwal =VS= M/S Simplex Concrete & Piles(I) Pvt.Ltd. |
3 LM (SC) 5 |