VidhiSangh

Supreme Court of India · 01/08/2022

EIH LIMITED versus NADIAVIRJI

[2022] 6 S.C.R. 1011 · 2022 INSC 774

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Summary

A landlord let a commercial showroom in Kolkata at Rs.10,000 a month, with the tenant separately liable for municipal taxes. The landlord terminated the tenancy under Section 106 of the Transfer of Property Act and sued for eviction. It argued that rent plus the tenant's tax share exceeded the Rs.10,000 ceiling in Section 3(f)(i) of the West Bengal Premises Tenancy Act, 1997, so the Act did not apply. The plaint was rejected under Order 7 Rule 11 CPC. The Supreme Court held that Section 231 of the Kolkata Municipal Corporation Act treats the tenant's apportioned tax as rent only for the purpose of recovery. That tax becomes part of the rent only if the agreement says so. Section 18's five-per-cent revisions apply only to fair rent fixed under Section 17. The rent was not above Rs.10,000, the 1997 Act applied, and the suit was barred.

Issues

  1. Whether the share of municipal tax payable by a tenant under Section 230 of the Kolkata Municipal Corporation Act, 1980 and Section 5(8) of the West Bengal Premises Tenancy Act, 1997 forms part of the 'monthly rent' for the ceiling in Section 3(f)(i) of the 1997 Act.
  2. Whether the automatic revision of rent under Section 18 of the 1997 Act takes the rent above the ceiling.

Provisions considered

Held

Result

Appeals dismissed. The rejection of the landlord's plaint under Order 7 Rule 11 CPC was upheld. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 6 S.C.R. 1011.