In Brief
A property owner sought to evict a tenant based on non-payment of property tax, arguing that the tax should be treated as rent under the NDMC Act and added to the contractual rent, thereby exceeding Rs. 3,500 per month and removing statutory protection. The Supreme Court held that although the NDMC Act allows recovery of property tax as rent for collection purposes, it cannot be used as grounds for eviction under the Delhi Rent Control Act. The Rent Act is a special protective statute with a non-obstante clause that prevails over the municipal taxing statute. Therefore, property tax cannot be added to contractual rent to determine eviction eligibility, and the tenant retained statutory protection from eviction."
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