VidhiSangh

Supreme Court of India · 09/08/2018

M/S POPAT & KOTECHA PROPERTY & ORS. versus ASHIM KUMAR DEY

[2018] 9 S.C.R. 518 · 2018 INSC 680

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Summary

A tenant failed to pay his apportioned share of enhanced municipal taxes despite notice and without a specific challenge to the amount’s legality or proportionality. The Supreme Court held that the statutory obligation superseded the tenancy agreement’s tax arrangement and did not require a prior Rent Controller order enhancing rent, and allowed the landlord’s eviction application.

Issues

  1. Whether default in the tenant’s municipal-tax share supported eviction without a prior formal rent-enhancement order.

Provisions considered

Held

Result

Landlord’s appeal allowed; the orders below were set aside and the application for eviction of the respondent tenant allowed.

Judgment PDF: Supreme Court of India, [2018] 9 S.C.R. 518.