Austin Distributors Pvt Ltd. Vs Sri Iswar Ganesh Chandra Jiu & Ors. (Calcutta High Court)
Calcutta High Court held that municipal tax does not constitute rent hence default thereon cannot be reason for eviction. Further, decree of eviction set aside since reasonable requirement for the purpose of building or rebuilding not proved.
Facts- The respondents herein as plaintiffs instituted the Ejectment Case or decree of eviction and recovery of possession from the appellant herein. The Appellant being a company was inducted as a tenant in respect of suit premises situated at Kolkata, at a monthly rental of Rs. 790/-, payable according to the English calendar month under the respondents herein by dint of a lease agreement dated 18.10.1947. According to plaint case defendant was originally a lessee and after expiry of the lease period he became the premises tenant under the plaintiff. The suit property is actually a trust property by dint of an Arpan Nama executed on 10.04.1950.
The respondents herein served an ejectment notice upon the appellant on 28.08.2002 for eviction and the appellant herein replied the said notice of ejectment on 04.09.2002. Thereafter the respondents herein filed the abovementioned ejectment suit on the grounds that the defendants/appellants have defaulted in payment of rent in respect of suit premises since July, 1990 and the plaintiffs reasonably required the suit premise for building and re building purpose and /or to augment their income.
