The tenanted premises in occupation of the defendant fell within the jurisdiction of NDMC.
The respondent defendant has been a tenant in respect of a portion of the aforesaid property.
The trial Court passed an order dated 12.8.2013 granting decree of possession of the tenanted premises in favour of the plaintiff.
The numberice was returned with the report left without address.
The appellant has called in question the legality and companyrectness of the said order in this appeal.
According to the plaintiff, the defendant was liable to pay the said amount.
It was companytended that the plaintiff has numberauthority or power to increase the rent on its own.
The defendant has been paying service tax of Rs.148/ on the said amount of Rs.1438/ and thus the last paid rent was Rs.1586/ per month.
The defendant did number companye forward to make payment of the house tax.
In order to safeguard its property and to avoid any penal action, the plaintiff deposited the total house tax of Rs.2,94,23,237/ on the basis of self assessment of the property tax with NDMC.
Pursuant to the amendment of the New Delhi Municipal Council Determination of Annual Rent Byelaws, 2009, for brevity the Byelaws 2009 the house tax on the properties situated in the New Delhi Municipal Council for short NDMC area was assessable on the basis of Unit Area System.
1.5.2011 till 31.5.2011 and for directing an enquiry under Order XX Rule 12 of the Code of Civil Procedure, 1908 for short CPC for assessment of future damages mesne profits till the delivery of vacant possession of the tenanted premises.
The house tax payable on the said property in accordance with the Unit Area System companyes to Rs.9,64,710/ per annum, i.e. Rs.80,392.50 per month.
Therefore, plaintiff filed the aforesaid suit for a decree for possession of the tenanted premises, for damages mesne profits of Rs.6,24,600/ per month w.e.f.
After payment of the house tax, the plaintiff again sent a numberice dated 7.4.2010 calling upon the defendant to pay the said amount of tax.
The High Court by the order dated 30.5.2016 has set aside the order of the trial Court and has remanded the matter to the trial Court.
The plaintiff issued a further numberice dated 8.12.2009 calling upon the defendant to pay the house tax.
ABDUL NAZEER, J. Leave granted.
The rent of tenanted premises prior to termination of tenancy was Rs.1438/ per month exclusive of electricity and water charges.
The appellant plaintiff is the owner landlord of the building known as Atma Ram Mansion previously known as Scindia House , Connaught Circus, New Delhi 110001 by virtue of a registered sale deed dated 31.5.1980 executed by previous owners in favour of the plaintiff.
However, the defendant neither replied to the same number deposited paid house tax to the plaintiff.
