Judgment

SHAH, J. : The Nagpur Handloom Cloth Market Company Ltd. hereinafter called the Company -constructed on certain plots owned by it, two houses - each house consisting of a ground floor, intended to be used as shops and an upper floor, intended to be used for residential purposes. For the use of the occupation of the shops, 20 flush lavatories with underground sewers connected with the drainage system of the Nagpur Corporation were constructed by the Company. The Corporation of Nagpur had also erected a municipal public water Standard within 200 yards of the houses. Among the taxes levied by the Municipal Corporation under S. 114 of the City of Nagpur Corporation Act, 1948 -hereinafter called the Act - were the conservancy tax and the water rate which under the rules applicable thereto were leviable as rates on the annual letting value of buildings and lands within the Corporation areas. It is common ground that the shops which in the aggregate number 201, are occupied by shop keepers under a scheme under which on payment of stipulated amounts, the occupants will be full owners of the shops, and on the ability of all the occupants being discharged the Company will be diss