A landlord can increase rent to the extent of house tax levied after the commencement of the East Punjab Urban Rent Restriction Act, 1949, without the need for an application to the Rent Controller. The increase in rent is effective from the date the landlord exercises the right to increase rent under Section 9.

Mehar Singh, J.

1. The demised property known as Serai Albel Singh is statute 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 the 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. 3,000/- per annum, thus making an 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. 1308.88 Paise and saying that "You are, therefore, liable under the law to pay increased rent to the extent of Rs. 3300/- plus Rs. 1308.88 Paise as house-tax, totally Rs. 4608.88 Paise. Please note that in future, so long as you are a tenant in the said building, you will be liable to pay Rs. 4608.88 Paise as the annual rental of the property instead of Rs. 3300/- 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 proceeding 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 first date of hearing of the eviction application was on July 19, 1966. On that date the respondent paid Rs. 1650/- towards arrears of rent, Rs. 412.50 Paise as house-tax from the date of the notice, that is to say March 11, 1966 to the date of the eviction application on May 16, 1966, Rs. 14.25 Paise as interest on the arrears, and costs of the eviction application as assessed by the Rent Controller. The Rent Controller and the Appellate Authority have concurred in dismissing the eviction application of the applicant against the respondent on the ground that the applicant cannot claim the amount of house-tax, as part of rent, under Section 9 of the Act from the respondent unless and until he makes an application to Rent Controller for increase of rent to the extent of the amount of house-tax and obtains an order to that effect, which obviously the applicant has not done in this case. This is a revision application against the order of the Appellate Authority by the applicant.

4. 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 :-

"9. Increase of rent on account of payment of rates, etc., of local authority, but rent not to be increased on account of payment of other taxes etc. (1) Notwithstanding anything contained in any other provision of this Act a landlord shall be entitled to increase the rent of a building or rented land if after the commencement of this Act a fresh rate, cess or tax is levied in respect of the building or rented land by any local authority, or if there is an increase in the amount of such a rate, cess or tax being levied at the commencement of the Act. Provided that the increase in rent shall not exceed the amount of any such rate, cess or tax or the amount of the increase in such rate, cess or tax, as the case may be.

(2) Notwithstanding anything contained in any law for the time being in force or any contract no landlord shall recover from his tenant the amount of any tax or any portion thereof in respect of any building or rented land occupied by such tenant by any increase in the amo