JUDGEMENT
Chunder, J. -
(1.) This Rule was issued at the instance of a landlord in connection with his application under section 9 of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, for an increase in the municipal taxes. The court has given him an increase of the share of occupier's tax payable by the tenant. He now claims in this court that he should have been granted, because of a previous contract, the whole increase namely, including the owner's share, but the section itself says "over and above what is payable by the landlord himself under the local municipal law". The owner's share is payable by the owner and not by the occupier. There is nothing of course in the local municipal law against a contract which may shift such payment of occupier's share on to the tenant. But we are not concerned with that question here. We are only concerned with the question what the Rent Controller may allow under the Rent Control Act and he can only allow such portion of the increased tax as is "over and above what will be payable by the landlord under the municipal law" and that is exactly what has been done in the present case. Therefore, there can be no interference in this case with that order. The Rule is accordingly discharged with costs.;
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