Appeal under section 406 of the BPMC Act being a statutory Appeal,
without calling for the Records of assessment from the Municipal Corporation
neither the Small Causes Court nor the Court of 7th Additional District Judge
could have decided the same. Provisions of the Rules particularly Rule 7 of
Property Rules framed under the BPMC Act show that the Annual letting value is
to be determined after ascertaining the reasonable rent on which the premises are
expected to be let out. How the reasonable rent is to be determined is not very
clear and none of the Courts have looked into it .Whether any such reasonable
rent has been worked out and thereafter Annual letting value was reached is also
not clear.
The Small Causes Court ought to have called for
Assessment Records from the Municipal Corporation. Perusing the same in the
light of Relevant Rules dealing with determination of reasonable rent and Annual
letting value and then determined whether the assessment order dated 20.6.1986
was in accordance in law or not ? The statutory Appeal could not have been
determined without such application of mind and without going through the basic
record.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE CIVIL JURISDICTION
WRIT PETITION NO. 133 OF 1996
Trilok Baburao Deshpande. Vs. Municipal Corpn of Gr.City of Pune
CORAM : B.P.DHARMADHIKARI, J
DATED : 23.11.2012
Citation:2013(1) MHLJ 794
Citation:2013(1) MHLJ 794
