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1970 Supreme(SC) 199

J.C.SHAH, K.S.HEGDE
Corporation Of Calcutta – Appellant
Versus
Life Insurance Corporation Of India – Respondent


Advocates:
A.N.SINHA, G.L.SANGHI, K.L.Hathi, P.K.MUKHERJI, RATHIN DAS

Judgment

SHAH, J.: - Messrs. A Firpo Ltd., held as tenants premises No. 11, Government Place East, Calcutta, belonging to the Asiatic Assurance Company Ltd. under a lease dated August 6, 1941, at a monthly rental of Rs. 2,000/-. The rent was increased by mutual agreement with effect from November 1953 to Rs. 2,800/- per month. Messrs. A Firpo Ltd., had sublet a major part of the premises to five different tenants and the aggregate rent received from the sub-tenants amounted to Rs. 4,520/-.

2. The Corporation of Calcutta assessed the annual value of the premises at Rs. 32,076/- for six years prior to April 1, 1955. With effect from April 1, 1955, the Corporation assessed the annual value of the premises at Rs. 62,761/-. The objection raised by the owner against the determination of annual value was rejected by the Special Officer of the Corporation . In appeal by the Life Insurance Corporation of India (which had statutorily acquired the rights of the owner) the Court of Small Causes assessed Rupees 30,240/- as the annual value. The order was confirmed in appeal to the High Court under Section 183 (3) of the Calcutta Municipal Corporation Act, 1951. With certificate granted by the Hig





















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