Whether property tax recoverable from tenant can be considered as part of rent for seeking eviction of tenant?

Therefore, we are of the view that though the Rent Act is an
earlier Act when compared to the NDMC Act, it is a special
enactment with regard to the matter in issue and has a
non-obstante clause. The NDMC Act is not a special enactment
insofar as landlord-tenant issue is concerned and it contains
Section 411 which provides that other laws not to be disregarded.
Section 67(3) of the NDMC Act merely gives a right to recover the
tax in respect of the premises as rent. It does not override the
Rent Act insofar as obviating the effect of Section 7(2) of the Rent
Act. In our opinion, the tax recoverable from the tenant under
Section 67(3) of the NDMC Act as arrears of rent by the appellant
cannot be considered to be forming part of the rent for the
purpose of seeking eviction/ejectment of the respondent who
defaults in payment of such recoverable tax as rent.

 REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURSIDCITON
CIVIL APPEAL NO.20913 OF 2017

ATMA RAM PROPERTIES PVT. LTD. Vs  THE ORIENTAL INSURANCE CO. LTD.

Dated:December 06, 2017.

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