JUDGMENT

Sethi, J.-Aggrieved by the determination of annual valuation made in terms of Section 174 of the Calcutta Municipal Corporation Act, 1980 (hereinafter called "the 1980 Act"), the appellant-owner of a nine storeyed building, admittedly, used for commercial purposes, filed an appeal before the Municipal Assessment Tribunal who vide its order dated 26th February, 1999 allowed the appeal and fixed the annual value on the basis of rent actually received by the appellant-owner. Feeling aggrieved, the respondent-corporation approached the High Court under Article 227 of the Constitution of India who, vide the order impugned in this appeal, set aside the order of the Tribunal and directed it to hear the appeals on merits keeping in mind that total amount paid by the sub-tenants to the tenant of the appellant should also be taken into consideration in assessing the annual valuation.

2. It is not disputed that the property in question was leased out by the appellants to their tenant, named Banwarilal Pasari at a rental of Rs. 75,000/- per month vide a duly executed lease deed (Annexure P1). There is also no dispute that the building is a nine storeyed building and is used for commerci