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1976 Supreme(SC) 370

M.H.BEG, P.N.SHINGHAL
New Delhi Municipal Committee – Appellant
Versus
M. N. Sot – Respondent


Advocates:
B.P.MAHESHVARI, BIKRAMJIT NAYAR, M.K.Garg, M.NATESAN, N.H.Hingorani, P.C.Bedi, S.T.DESAI, Suresh Sethi

Judgment

BEG, J.:- This appeal by special leave is directed against the unanimous decision of a Full Bench of the Delhi High Court. The case before us arose from a Writ Petition filed by the respondent, M. N. Soi, praying that certain assessment orders, together with the order under Sec. 84 of the Punjab Municipal Act III of 1911, passed on 11th February, 1966, by an Additional District Magistrate of Delhi relating to the house of the petitioner at 15, Prithviraj Road, New Delhi, modifying assessments on appeal, be quashed. The respondent landlord submitted that assessment for purpose of rating, in accordance with the provisions of Section 3 (1) (b) of the Punjab Municipal Act III of 1911 (hereinafter referred to as the Act) and, in particular, the interpretation of the words "may reasonably be expected to be let from year to year", impose upon the assessing authorities the obligation not to aseess at a higher rental value than the "standard rent." It is not disputed that standard rent of the house was fixed on 25th September, 1941, in the following terms:

"After due consideration of all the facts and circumstances a fair rent of Rs. 170/- one Hundred and Seventy P. M. (unfurnished)



















































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