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1991 Supreme(Mad) 568

ABDUL HADI
S. Manickam – Appellant
Versus
Madurai Corporation through its Executive Authority the Commissioner, Madurai – Respondent


Advocates Appeared:
For the Appellant:S. Subbiah, Advocate.
For the Respondent:Raja Kalifuliah, Advocate.

Judgment :-

This appeal is by the plaintiff against the defendant-Madurai Corporation in O.S. No. 43 of 1978 on the file of Sub-Court, Madurai. The plaintiff prayed (1) for a declaration that the revision made by the defendant-Corporation as per its special notice dated 9.8.1972 to the plaintiff, increasing the annual rental value from Rs. 15,960/- to Rs. 50,400/- and raising the half yearly property tax from Rs. 2,242.35 to Rs. 7,081.20 in respect of the suit property of the plaintiff, is illegal (2) for consequential injunction to restrain the defendant from realising any amount in excess of such tax which might be found due on the rental value fixed according to Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 and, (3) for a direction to the defendant for refunding to the plaintiff a sum of Rs. 29,000/-, which had been collected in excess.

2. The Court below granted the first two prayers, viz., the declaration and injunction, accepting the plea of the plaintiff that the notice of the defendant to the plaintiff dated 9.8.1972 proposing to increase the annual rental value from Rs. 15,960/- to Rs. 50,400/- on the ground that the plaintiff was getting enhanced rent from his ten



















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