In Brief
A building owner in New Delhi sought to evict a tenant for non-payment of property tax that the owner claimed was recoverable as rent under the New Delhi Municipal Council Act. The owner argued that adding this tax to the monthly rent exceeded Rs. 3,500, thereby removing the property from Delhi Rent Control Act protection. The Supreme Court held that although the NDMC Act permits recovery of property tax as rent, the Delhi Rent Control Act—a special, protective statute with an override clause—prevails over the later general enactment. Property tax cannot be treated as rent for eviction purposes, and the Rent Act's bar on recovering building tax from tenants remains intact. The appeal was dismissed.
The lawyer headnote and full judgment text are available to registered users.