BHAGWANTRAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) The appeal by speical leave arises from the order of the High Court of Punjab and Haryana in Civil W. P. No. 19209 / 91 dismissing the writ petition in limine.

(3.) The admitted facts are that appellant is having a house in Sangrur. For the assessment year 1987-88, the respondents have assessed the ratable value of the house at Rs. 1,50,472.50 after giving standard deductions under Section 3(1)(b) of the Punjab Municipal Act, 1991 (for short, 'the Act'). The basis on which the property was assessed was the rent being received by the appellant from State Bank of India to whom they had let out at Rs. 12,687 / - per month. The question is whether the actual rent received by the appellants from the tenant would be the measure for determining annual value. Section 3(1) (b) of the unamended Act reads thus: