( 1 ) THE appellant has preferred this appeal against the dismissal of Municipal Appeal No. 186 of 1986 under section 2 (1) (ix) of the Mumbai Municipal Corporation Act, 1888 by the Additional Chief Judge, Bombay by order dated 30th July, 1988.

( 2 ) THE facts which are not disputed for the purposes of the present appeal are that the appellant is a public charitable trust registered under the Bombay Public Trust act, 1950 having its office at Mumbai. Respondent no. 1 is the Corporation established under the Bombay Municipal corporation Act, 1888 and respondent no. 2 is the Chief executive Officer of respondent no. 1.

( 3 ) THE appellant is the owner of a godown situated at 3 Mumbai. It has been let out to M/s. I. T. C. And M/s. Chika limited on lease for store purposes. The said godown was let out for the first time in 1978 under the agreement dated 7. 4. 1978 at the rent of Re. 1. 30 ps. Per sq. ft. per month inclusive of municipal taxes. By agreement dated 3. 1. 1984 the rent was enhanced to Re. 1. 55 ps. Per sq. ft. per month. The said godown was assessed by respondent no. 1.

( 4 ) THE appellant objected the assessment. After giving notice as required under the provisions of the

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