Weerasinghe V. Municipal Council Of Kandy

Present: Schneider J. 1924-

WEERASINGHE v. MUNICIPAL COUNCIL OF KANDY.

 335-C. E. Kandy, 1,013.

Court of Requests-Action objecting to assessment-Appeal on facts- Leave necessary.

In an action in a Court of Requests objecting to assessment under the Municipal Councils Ordinance, there is no appeal on facts without the leave of the Commissioner.

PLAINTIFF brought this action objecting to the assessment of the annual value of certain premises by the Municipal Council of Kandy. The Commissioner of Requests (W. O. Stevens, Esq.) upheld the objection. The defendant Council appealed on the facts with the leave of the Commissioner. The respondent's counsel took the objection that no appeal lay without the leave of the Commissioner of Requests. The fact that leave was granted was not ascertained till after the judgment of the Supreme Court was delivered.

Soertsz, for defendant, appellant.

H. V. Perera, for plaintiff, respondent.

February 28, 1924. SCHNEIDER J.-

Under the provisions of the Municipal Councils Ordinance, No. 6 of 1910, the defendant Council assessed the annual value of certain premises belonging to the plaint

Click Here to Read the rest of this document