- (1.) Leave granted
(2.) This is an appeal against the judgment and order of a learned Single Judge of the High court of Punjab and Haryana dated 26/5/1995, passed in Civil Revision No. 4928 of 1994, dismissing the revision petition of the present appellants in limine
(3.) The facts as are relevant for our purpose are as follows: In an eviction petition, raising a number of grounds, the sole surviving one was whether the tenants had made a valid tender of arrears of rent, inclusive of taxes. The period for which arrears of rent were claimed was from 1/4/1984 till 30/9/1986. So far as the quantum of contractual rent was concerned, that indisputably was paid before the Rent Controller. The dispute centered around the payment of house tax. It is undisputed that the house tax was payable w. e. f. 1/4/1985. The fact that the said house tax could form part of the rent was never disputed. Section 8 (1 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973 provides for this eventuality, which is worth reproduction at this stage, which reads: "8.Increase of rent on account of payment of rates, etc. of local authority.- (1 Notwithstanding anything contained in any other provision of the Act, a landlord shall be entitled to increase the rent of a building or rented land if after the commencement of the tenancy, 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 this Act: Provided that increase in rent shall not exceed the amount of any such rate, cess or tax or the amount of increase in such rate, cess or tax as the case may be: Provided fed further that such increase in rent shall be payable by the tenant from the date of despatch of the written notice of demand sent by the landlord under registered cover. (2 Notwithstanding anything contained in any law for the time being in force or in any contract, no landlord shall recover from his tenant the amount of any rate, cess or tax or any portion thereof in respect of any building or rented land occupied by such tenant by any increase in the amount of the rent payable or otherwise, save as provided in Ss. (1. ";