High CourtsDivision Bench(2011) 06 GUJ CK 0042

Ahmedabad Municipal Corporation vs Anjali Theatres

Gujarat High Court · Decided on 13 June 2011

HON’BLE JUDGES
Jayant M. Patel, J · J.C. Upadhyaya, J
RESULT
Dismissed
CASE NUMBER
First Appeal No 2127 of 1994

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 289 words

Jayant Patel, J.—The present appeal arises against the judgment and order dated 20.8.1992 passed by the Small Causes Judge in Municipal Valuation Appeal No. 3595 of 1990, whereby the GRV of the premises in question for the year 1989-90 is fixed at Rs. 1,40,000/-We have considered the record and proceedings and we have gone through the reasons recorded by the Small Causes Judge.

2.

It appears that the learned Judge was guided by the purshis submitted by the learned Counsel appearing for both the sides at Exh.12, whereby the decision of the very Court for fixing of the GRV in respect of the Accounting Year was admitted and it was declared that the matter is carried before the High Court and is pending.

3.

We have also considered Exh.12, which shows that as per the learned Counsel appearing for both the sides before the learned Small Causes Judge, the GRV of the premises in question was fixed at Rs. 1,40,000/-.

4.

Under these circumstances, the learned Judge has fixed the same GRV of Rs. 1,40,000/- for the Accounting Year of 1989-90, which was the subject matter of appeal.

5.

There is no other evidence produced to show that subsequently the said decision of the Small Causes Court for fixing of GRV of Rs. 1,40,000/- was reversed or modified by this Court in the pending appeal. Hence, we find that if the learned Judge has relied upon the assessment of the premises in respect of earlier year, made by the Court, such an approach cannot be said to be erroneous, which may call for interference in this appeal.

6.

Under these circumstances, the appeal is merit less and, therefore, dismissed. Considering the facts and circumstances, no order as to costs.