C. Chagla and I. N. Shroff, for the respondent.
After the merger, the Bombay Municipal Corporation issued a numberice to the appellant under section 167 of the Act informing him that the assessment book had been amended by inserting, the name of the appellant and that the rateable value of the house had been fixed at Rs.
V. Gupte, P. P. Khambatta, D. P. Mehta, Bhuvnesh Kumari and O. C. Mathur, for the appellant.
The appellant thereafter preferred a Letters Patent Appeal No.
Appeal by special leave from the order dated March 25, 1964 of the Bombay High Court in Letters Patent Appeal No.
assessing and levying taxes on the land and the structure separately and recovering the same from the landlord and the tenant.
The Judgment of the Court was delivered by Ramaswami, J. The question of law involved in this appeal is whether the primary liability is imposed on the appellant under the Bombay Municipal Corporation Act, 1888 Act No.
3 of 1888 to pay property taxes to the respondent i.e., the Municipal Corporation of Greater Bombay in respect of land owned by the appellant and let on a monthly basis to a third party who has companystructed a building thereon.
Being aggrieved by this order the appellant preferred an appeal to the Chief Judge Small Causes Court, Bombay under section 217 of the Act.
430/ .
The appellant is the sole trustee of the estate of the late Mr. F. E. Dinshaw and in that capacity is the owner of a plot of land at Manchubhai Road, Malad, Greater Bombay in the State of Maharashtra, bearing No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
299B. The said plot of land had been leased by the former trustee of the estate to one Mr. R. R. Pande Thereinafter referred to as the lessee since a number of years at a monthly rent of Rs.
28 of 1964.
6418, Street No.
12 50.
The appellant is a banking companypany incorporated in the United Kingdom and has established places of business in India.
Upto the date of the merger the Malad District Municipality was.
28 of 1964 which was summarily dismissed by Chief Justice H. K. Chainani and Mr. Justice Gokhale on 25th March, 1964.
The present appeal is brought by special leave from the judgment of the Bombay High Court dated 25th March, 1964.
The Malad area merged into Greater Bombay on 1st February, 1957.
P Ward No.
462 of 1966.
The lessee had companystructed at his own companyt a tiled house on the said plot of land.
The appellant took the matter in further appeal to the Bombay High Court.
The appeal was dismissed by the Chief Judge, Small, Causes Court by his order dated 3rd August, 1960.
