Rajinder Kamat v. Municipal Corporation, Jagadhari Gate, Ambala City

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 2009 of 2022 Date of Decision: 19.05.2022 Rajinder Kamat ... Petitioner(s)

Versus

Municipal Corporation, Ambala City and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Jagram Singh Cooner, Advocate for the petitioner(s).

Anil Kshetarpal, J.

1.

The plaintiff, in a suit for grant of decree of permanent injunction, is a petitioner herein. He claims to be occupying the disputed property as a tenant. He has filed a suit against the Municipal Corporation, Ambala City, as well as his landlord. In substance, he prays for direction to the landlord to pay the property tax. Both the Courts below have found that as per the provisions of the Act, the amount can be recovered either from the owner or the occupier of the premises. Hence, both the Courts below have refused to grant temporary injunction.

2.

The learned counsel representing the petitioner contends that primary responsibility to pay the property tax is of the owner. 3.

Be that as it may. The enabling powers under the statute are not disputed. If the petitioner is not liable to pay the amount and can always seek adjustment against the rent payable.

4.

Keeping in view the aforesaid facts, the present revision petition is dismissed.

(Anil Kshetarpal) Judge May 19, 2022 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2022.05.20 10:34 I attest to the accuracy and integrity of this document