The respondent objected to the above increase.
The matter was taken in appeal to the Court of Small Causes at Bombay which was dismissed.
J. This is an appeal from a judgement of the Bombay High Court in the matter of valuation of the premises belonging to the respondent made under the provisions of the Bombay Municipal Corporation Act 1888, hereinafter called the Act of 1888.
Appeal from the judgment and decree dated November 10, 1964 of the Bombay High Court in Appeal No.
For the years 1957 58 and 1958 59 the rateable valuation of the building was fixed by the Municipal Corporation at Rs.
Niren De, Attorney General, R. N. Banerjee and Ravinder Narain, for the appellant.
148 of 1962 from Original Decree.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On April 1, 1958 an additional tax known as educational cess was imposed by the Municipal Corporation at the rate of 1 1/2 of the rateable value on all properties within its limits.
LVII of 1947 hereinafter called the Rent Act, the Assessor and Collector of the Corporation served a numberice on the respondent proposing to increase the rateable value of the building in question to Rs.
Judgement of the Court was delivered by Grover.
1,66,410.
402 of 1967.
The respondent preferred an appeal to the High Court.
As the landlord became entitled to increase the rent recoverable from the tenant to the extent of the increase in the tax payable to the Corporation under the provisions of s.10 AA of the Bombay Rents, Hotel and Lodging House Rates 1947 Act No.
This was done under S. 140 of the Act of 1888.
V. Gupte, K. L. Hathi and J. L. Hathi, for the respondent.
1,68,585.
