TMI Blog1976 (11) TMI 208X X X X Extracts X X X X X X X X Extracts X X X X ..... erim injunction could be granted to the respondent to restrain the appellant, the Municipal Corporation of Delhi, from realising a sum of ₹ 27,216/- on account of house tax from the plaintiffs pending the disposal of a suit for a permanent injunction. this Court directed a hearing of this appeal on 28th October, 1976. Accordingly, the appeal is now before us. 2. The plaintiff had purchased a house in South Extension, New Delhi, on 21st February, 1969, free from all incumberances, demands, or liabilities under the sale deed, and the vendor, Mohan Singh had undertaken to discharge these dues. It was therefore, decided in a previous suit that the defendant appellant could not recover the whole amount sought to be recovered as house ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conveniences is also in favour of the defendant. The defendant renders services as a civic body and most of the amount which it spends has to come from owners of property in the form of property taxes. If the plaintiffs do not pay the property tax then the defendant might not be able to carry out its duty. The plaintiffs have also been unable to show that they would suffer irreparable injury if an injunction is not granted to them. If they ultimately prove that they are not liable to full amount demanded by the defendant as property tax then the plaintiffs could compel the defendant either to refund the amount realised in excess or to adjust the amount recovered in excess towards property tax for future years. The plaintiffs do not suffer i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... injunction prayed for by the plaintiff. 7. Mr. F.S. Nariman, appearing for the appellant Corporation, points out that Dewan Daulat Ram Kapur's case (supra) was one where premises had been let, but, in the case before us, it was a matter of admission by both sides that the premises had never been let out to a tenant. Section 6(1)(A)(2)(b) of the Delhi Rent Control Act relates to cases where standard rent had to be fixed of residential premises let out at any time on or after 2nd June, 1944. And, Section 6(1)(b)(2)(b) of the Delhi Rent Control Act relates to premises other than residential premises which had been let out at any time after 2nd June, 1944. The Full Bench decision of the Delhi High Court in Dewan Daultat Ram Kapur's c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e corporation, is, we think, on very firm ground in contending that balance of convenience could not be ignored in such cases and that the learned Judge of the High Court erred in holding that it could be. 10. It also seems that the attention of the learned Judge was not directed towards Section 41(h) of the Specific Relief Act,1963 which lays down that an injunction, which is a discretionary equitable relif, cannot be granted when an equally officious relief is obtainable in any other usual mode or proceeding except in cases of breach of trust. learned Counsel for the appellant Corporation points out that there was the ordinary machinery of appeal, under Section 169 of the Delhi Municipal Corporation Act, 1957 open to the assessee respo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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