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1952 Supreme(Cal) 74

R.P.MOOKERJEE, LAHIRI
LALCHAND AND SONS – Appellant
Versus
CORPORATION OF CALCUTTA – Respondent


Advocates Appeared:
KRISHNALAL BANERJI, PROBHAT KUMAR SEN GUPTA, Soumendra Nath Mukherjee, SUDHIR RANJAN BANERJEE

R. P. MOOKERJEE, J.

( 1 ) THE principal question raised by the assessee in this appeal under Section 142 (3), Calcutta Municipal Act is as to how the "estimated present value of the land valued with the building as part of the same premises" is to be made under Clause (b) of Section 127 of the same Act. Premises No. 76, Lower Circular Road covers an area of over 184 cottas and is in the occupation of the owner. There are three different kinds of buildings; one two-storeyed building of which the upper floor is used for residential purposes and the ground floor for the location of a press and godown --belonging to the owner; certain big corrugated iron sheds are also used by the owner for business purposes; and over another portion there is a bustee, the structures having been condemned by the Corporation as being dangerous, but still occupied. As the premises continued to be in the occupation of the owners the determination of the rates must be under Clause (b) of Section 127, Calcutta Municipal Act, and the premises had all along been assessed as such.

( 2 ) DURING the general revaluation which came into effect from the second quarter of 1936-37 the annual value of the property w

































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