Supreme Court of India
Eih Limited v. Nadiavirji
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What the Court ordered
In view of the above discussion and for the reasons state d above and as the monthly rent due and payable would be Rs. 10,000/- per month which cannot be said to be more than ten thousand rupees as monthly rent, the High Court has rightly observed and held that the Act 1997 shall be applicable and therefore the civil suit filed by invoking Section 106 of the TP Act is impliedly barred.
Judgment, page 16
From the headnote
West Bengal Premises Tenancy Act, 1997 – ss. 5(8), 3(f)(i), 18 – Applicability of – Civil Procedure Code, 1908 – Or.7, r.11 – Rejection of Plaint – Transfer of Property Act, 188 2 – s. 106 – Municipal Tax as Rent – tenancy agreement was executed betw een the appellant (landlord) and the respondent (tenant ) – Under the Tenancy Agreement, the rent was fixed at Rs.10,000/- per month – Further, the liability to pay the taxes including surcharge a nd water tax/fees was also upon the tenant – The appellant te rminated the tenancy by issuing notice u/s. 106 of TPA – Upon expiry of the notice
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