K. Jagannatha Shetty, J. -- 1. The question raised in this appeal relates to the construction of Section 127A of the Madhya Pradesh Municipalities Act, 1961 ("The Act"). The relevant portion of Section 127A reads:-

"127A. Imposition of Property Tax -- (1) Notwithstanding anything contained in this Chapter, as and from the financial year 1976- 77, there shall be charged, levied and paid for each financial year a tax on the lands or buildings or both situate in a Municipality other than Class IV Municipality at the rate specified in the table below :-

TABLE

(i) Where the annual letting value exceeds Rs. 1,800 but does not exceed Rs. 6000/- - 6 per centum of the annual letting value. .

(ii) Where the annual letting value exceeds Rs. 6,000 but does not exceed Rs. 12,000/- - 8-1/3 per centum of the annual letting value.

(iii) Where the annual letting value exceeds Rs. 12,000/- but does not exceed Rs. 18,000/- - 10 per centum of the annual letting value.

(iv) Where the annual letting value exceeds Rs. 18,000/- but does not exceed Rs. 24,000/- -- 15 per centum of the annual letting value.

(v) Where the annual letting value exceeds Rs. 24,000/- - 20 per centum of the annual letting value.

2. The property tax levied under sub-section (1) shall not be leviable in respect of the following properties, namely:

(a) buildings and lands owned by or vesting in -(i) the Union Government;

(ii) the State Government;

(iii) the Council;

(b) buildings and lands the annual letting value of which does not exceed eighteen hundred rupees:

Provided that if any such building or land in the ownership of a person who owns any other building of land in the same Municipality, the annual letting value of such building or land shall for the purpose of this clause, be deemed to be the aggregate annual letting value of all buildings or lands owned by him in the Municipality."

2. Sub-section (1) of Section 127A is the charging section. Sub- section (2) provides for exemption. Clause (b) thereof provides that buildings and lands the annual letting value of which does not exceed eighteen hundred rupees are exempt from: taxation. The proviso thereunder states that if any such building or land in the ownership of a person who owns any other building or land in the same municipality, the annual letting value of such building or land for the purpose of clause (b) shall be deemed to be the aggregate annual letting value of all buildings or lands owned by him in the Municipality.

3. The High Court has pointed out that under the scheme of the Act for the purpose of imposition of property tax under sub- section (1) of Section 127A, each tenement has to be separately assessed and no tax can be levied for a building with annual letting value upto rupees eighteen hundred. The aggregation of annual letting value of all buildings owned by a single individual could be applied only for exemption and not for taxation. The unit of tax is a building (property) and not a person. If a person owns more than one building within the urban area to which the Act is applicable, the aggregate annual letting value of all the buildings cannot be taken into consideration for assessment of tax. If the quarters are let out to different persons, each quarter has to be valued as a separate unit. If the annual letting value of each quarter does not exceed the limit prescribed by the Act, it will he exempt from assessment. The High Court relied upon the previous decisions construing the corresponding provisions in the M.P. Sampatti Kar Adhiniyam, 1964. [See: Om Parkash Agarwal, Indore v. Deputy Property Tax Commissioner, M.P. Gwalior, and Ors., National Coal Development Corporation v. State of Madhya Pradesh and Niizalkaran v. State of M.P.

4. It seems to us that the High Court had a mechanical approach to construction. The mechanical approach to construction is altogether out of step with the modern positive approach. The modern positive approach is to have a purposeful construction that is to effectuate th