In Brief
A landlord sought to evict a tenant from a commercial premises under the Transfer of Property Act, arguing that because the tenant must pay municipal taxes separately, the total monthly obligation exceeds Rs. 10,000 and thus the West Bengal Premises Tenancy Act, 1997 does not apply. The Supreme Court held that municipal taxes are recoverable as arrears of rent under statutory machinery for recovery purposes, but this does not make them part of the actual agreed rent. Since the rent was contractually fixed at Rs. 10,000 per month (excluding taxes), the protective Act applies and the eviction suit is impliedly barred. The appeals were dismissed.
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