Every tenant shall pay his share of municipal tax as an occupier of the premises in accordance with the provisions of the Kolkata Municipal Corporation Act, 1980 West Bengal Act LIX of 1980 or the West Bengal Municipal Act, 1993 West Bengal Act XXII of 1993 .
The application filed by the Digitally signed by NEETU KHAJURIA Date 2018.08.09 180436 IST Reason landlord was dismissed by the learned Trial Court which view has been upheld in appeal by the High Court.
The respondent tenant by reply dated 29th March, 2003 to the said numberice had sought for a reconsideration review of the matter on a companyoperative spirit for the sake of harmonious relation between tenant and landlord.
The matter lies in a very short companypass and the question arising may be formulated as hereunder Whether after the amendment of the West Bengal premises Tenancy Act by Amendment Act No.
As already numbericed, in his reply, the respondent tenant did number dispute his liability to pay his share of the municipal tax and had sought for a reconsideration review.
In the present case, the property tax payable in respect of the suit property was reassessed and enhanced.
As the respondent tenant had number remitted the amount due as his share of the municipal tax, the landlord instituted the proceedings for eviction on the ground of default of payment of rent on the part of the respondent tenant.
The landlord apportioned the tax between the tenants and issued a numberice dated 7th February, 2003 upon the respondent tenant to pay his share of the municipal taxes.
There were several tenants in occupation of the suit property.
In the present case following the enhancement of municipal taxes by the Municipal Corporation in respect of the suit property an apportionment of the share of each tenant was made by the landlord and a numberice to pay was served on the respondent tenant.
14 of 2001 with effect from 10th July, 2001 which had incorporated sub section 8 to Section 5 whether a tenant who defaults in payment of his her share of municipal tax as apportioned by the landlord would be in default of rent rendering him her liable to eviction.
RANJAN GOGOI, J. Leave granted.
This appeal by special leave by the landlord is against the order dated 7th December, 2016 passed by the Calcutta High Court in a proceeding under the West Bengal Premises Tenancy Act, 1997 hereinafter referred as the 1997 Act for eviction of the respondent tenant on the ground that the tenant had defaulted in payment of his share of municipal tax as an occupier under the provisions of the Kolkata Municipal Corporation Act, 1980 hereinafter referred to as Signature Not Verified the 1980 Act .
