MATESHWAR DAYAL Vs. OM PARKASH

JUDGEMENT

(1.) THIS judgment shall dispose of two connected civil revisions which are Civil Revisions 558 of 1996 and 2820 of 1998 since the dispute between the petitioner-landlord and the respondent-tenant in both cases centres around the rate of rent.

(2.) BRIEFLY stated the facts are that Om Parkash was inducted as a tenant on the disputed property, which is a shop, on April 23, 1959 vide rent note Ex. AW1/A. The rent note contained a recital that the tenant undertook to pay rent, tax, house tax, property tax imposed by Government of India, State Government or Municipality. The rent of the premises was fixed at Rs. 80 per month. The sole question to be considered is whether the above rent was inclusive of house tax or not. In other words would the tenant be liable to pay rent of Rs. 80 per month and in addition thereto house tax would also be payable on the property or would the tenant get away by paying only Rs. 80 as rent irrespective of the rate of house tax and the periodic enhancement of tax.

(3.) IN revision the main ground is that the courts below had fallen in error in holding that after the fair rent of the disputed shop was fixed on August 14, 1989 at Rs. 80 per month, there remained no liability on the part of the tenant to further pay house tax. It was contended that fixation of fair rent did not alter the other conditions of the rent note and also did not create a fresh tenancy.