V.K. SHALI, J.

1. These are three Regular First Appeals in which the common question of law arises. The common question of law which arises for consideration is as to whether the property tax which is payable by the landlord under the New Delhi Municipal Council Act, 1994 (NDMC Act) and is recoverable from the tenant under Section 67 (3) of the NDMC Act as arrears of rent can be said to be forming part of the rent payable by the tenant to the landlord, so as to lose the protection of the Delhi Rent Control Act, 1958 (DRC Act) under Section 3(c) of the DRC Act, if it exceeds Rs.3500/-.

2. Briefly stated the facts of all the three cases are almost similar in the sense that there exists relationship of landlord and tenant and the rent of the premises in question is less than Rs.3500/- but in case the property tax assessed in respect of such property the rateable value exceeds the amount of rent payable then the difference between the tax levied and the tax leviable shall be receivable by the landlord and it can be recovered by him as arrears of rent [Section 67 (3)]. Further, if this differential amount plus the rents payable by the tenant exceeds Rs.3500/-, whether the landlo