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IN THE HIGH COURT AT CALCUTTA
Bibhas Ranjan De, J.
Arshad parwez & Anr. - Appellant
Vs.
Dindayal Kayan - Respondent
C.O. 752 of 2022 With C.O. 754 of 2022
Decided On : 09-07-2024
Rent - Ejectment Suit - West Bengal Premises Tenancy Act, 1997 - Sections 5(8), 7(1), 7(2), 7(3) - The court interpreted the provisions mandating tenants to pay municipal taxes as part of their rent obligations, leading to the dismissal of the revision applications due to non-compliance.
Fact of the Case:
The defendants challenged the order striking out their defense in two ejectment suits for failing to comply with the payment of rent and municipal taxes as required under the West Bengal Premises Tenancy Act, 1997.
Finding of the Court:
The court found that the defendants had not complied with the mandatory provisions of the Act regarding the payment of rent and municipal taxes, leading to the striking out of their defense.
Issues: Whether the obligation to pay municipal taxes is included in the definition of rent under the West Bengal Premises Tenancy Act, 1997.
Ratio Decidendi: The court held that municipal taxes are part of the rent obligations of the tenant, and failure to pay them as required by the Act results in the loss of defense against eviction.
Result: Both revision applications are dismissed.
JUDGMENT :
Bibhas Ranjan De, J.
1. Both the revision applications having identical issue of rent are being taken up together for disposal by this common judgment.
CO. 752 of 2022
2. Challenge of this revision application is the order no. 23 dated 25.02.2022 passed in connection with Ejectment Suit no. 60 of 2018 passed by Ld. Judge (6th Bench), Presidency Small Cause Court, Calcutta wherein Ld. Judge struck out the defence invoking Section 7(3) of the West Bengal Premises Tenancy Act, 1997 (for short Act, 1997), for non-compliance of the provision of Section 7 (1) & 7 (2) of the Act, 1997.
3. On 06.04.2018 plaintiff/opposite party herein filed one Ejectment Suit no. 60 of 2018 against the defendants/petitioners. On 02.05.2018 defendants entered appearance by filing an application under Section 7 (1) & 7 (2) of the Act, 1997. The application under Section 7(1) was allowed. Application under Section 7 (2) of the Act, 1997 read with Section 151 of the Code of Civil Procedure (for short CPC) was filed with a prayer for deposit of arrear rents for the period of from May 2017 to September 2017 along with current rent from May 2018. Petitioners/defendants were directed to pay at the rate at which rent was last paid and the period for which default may have been made by the defendants/petitioners. In compliance with the order dated 02.05.2018 by the Ld. Court the petitioners/defendants complied with the direction by depositing rent of the subject premises before the Ld. Court since May 2018 along with arrears rent.
4. Subsequently, on 17.11.2021 petitioners/defendants preferred an application under Section 151 of CPC in the Ejectment Suit being no. 60 of 2018 with a prayer for making payment of corporation tax with effect from order dated 02.05.2018 passed in disposing application under Section 7 (1) of the Act, 1997.
5. The aforesaid application dated 17.11.2021 was finally disposed of on 25.02.2022 by the Ld. Judge (6th Bench) Presidency Small Causes Court, Calcutta, by recording an order of rejection of the same and struck out the defence invoking 7 (3) of the Act, 1997 for non-compliance of the provision of Section 7(1) & 7(2) of the Act, 1997.
6. Being aggrieved the instant revision application has been filed.
CO. 754 of 2022
7. The instant revision application has been preferred challenging the order no. 23 order dated 25.02.2022 passed in connection with Ejectment Suit no. 59 of 2018 passed by Ld. Judge (6th Bench), Presidency Small Cause Court, Calcutta wherein Ld. Judge struck out the defence invoking Section 7(3) of Act, 1997, for non-compliance of the provision of Section 7 (1) & 7 (2) of the Act, 1997.
8. On 06.04.2018 plaintiff/opposite party herein filed one Ejectment Suit 59 of 2018 against the defendants/petitioners. On 02.05.2018 defendants entered appearance by filing an application under Section 7 (1) & 7 (2) of the Act, 1997. The application under Section 7(1) was allowed. Application under Section 7 (2) of the Act, 1997 read with Section 151 of CPC was filed with a prayer for deposit of arrear rents for the period of from May 2017 to September 2017 along with current rent from May 2018. Petitioners/defendants were directed to pay at the rate at which rent was last paid and the period for which default may have been made by the defendants/petitioners within the specified time. In compliance with the order dated 02.05.2018 by the Ld. Court the petitioners/defendants complied with the direction by depositing rent of the subject premises before the Ld. Court since May 2018 along with arrears rent.
9. Subsequently, on 17.11.2021 petitioners/defendants preferred an application under Section 151 of CPC in the Ejectment Suit being no. 59 of 2018 with a prayer for making payment of corporation tax with effect from order dated 02.05.2018 passed in disposing application under Section 7 (1) of the Act, 1997.
10. The aforesaid application dated 17.11.2021 was finally disposed of on 25.02.2022 by the Ld. Judge, 6th Bench, Presidency Small C
Municipal taxes are considered part of the rent under the West Bengal Premises Tenancy Act, 1997, and non-payment leads to eviction.
Municipal tax is distinct from rent in tenancy agreements unless explicitly included; failure to pay municipal tax does not constitute default in rent payments if rent obligations are met.
Rejection of plaint – Civil suit cannot be maintained by overriding statutory embargo.
The essential preconditions for maintainability of an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997, are: (i) raising a dispute with regard to the rate of rent; (ii) de....
Under the West Bengal Premises Tenancy Act, a tenant must deposit all arrears calculated at the last paid rate to secure protection against eviction, with the court mandated to address unresolved iss....
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