- (1.) Vide impugned order dated 6.5.2011, the Rent Controller, Gurgaon, ordered the petitioner to make the payment of house tax @ Rs. 6586/- per month to the respondent-landlord.
(2.) The instant revision petition has been filed by the petitioner to challenge the aforesaid order. On 19.5.2011, noticing the contentions raised on behalf of the petitioner, the following order was passed: "Learned counsel for the petitioner, inter alia, contends that the eviction petition has been filed under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 [for short "the Act"] on the ground of arrears of rent w.e.f. 01.09.2010 and house tax since June 2008. He submits that on 15.02.2011, the learned Rent Controller had assessed the provisional rent including interest and costs in which the component of house tax was not included. However, the learned Rent Controller had heard the arguments on the point as to whether the house tax is to be paid by the tenant or not and in terms of a notice of assessment of house tax @ Rs. 6,586/- per annum and the legal notice of the Advocate of the landlord dated 22.12.2010, the tenant has been made liable to pay the house tax on 24.5.2011. Learned counsel for the petitioner further submits that firstly there has been no dispute between the parties with regard to house tax as there was no issue. Secondly, there was no occasion for the learned Rent Controller to assess the house tax separately after the assessment of the provisional rent which was already tendered. Thirdly, the house tax is only proposed and has not been imposed and fourthly and lastly in terms of second proviso to Section 8 of the Act, the landlord has to demand the house tax, whereas in the legal notice no specific amount has been demanded from the date of notice. Notice of motion for 02.06.2011. In the meantime, the payment of house tax by the petitioner/tenant shall remain stayed."
(3.) This revision petition was admitted and ordered to be heard within one year vide order dated 18.8.2011.;