AHMEDABAD MUNICIPAL CORPORATION Vs. SANJAYBHAI BIHARILAL

JUDGEMENT

(1.) CHALLENGE in this appeal filed under Section 411 of the Bombay Provincial Municipal Corporations Act, 1949 (for short 'the Act') is to the judgment and order dated 10/3/1999 rendered in M.V.A. No. 2407 of 1996 by the Ld. Judge, Small Causes Court No. 10, Ahmedabad, whereby in the aforesaid appeal preferred by the respondent herein, the Gross Rateable Value (for short 'GRV') of the premises situated in Ward Shahpur -2/B, bearing survey No. 1362/3, which was fixed by the appellant - Ahmedabad Municipal Corporation at Rs. 72,622/ - was reduced to Rs. 7,929/ - by partly allowing the aforementioned M.V. Appeal No. 2407/1996.

(2.) WE have considered submissions advanced by Mr. Maulin Raval, Ld. Advocate for the appellant - Municipal Corporation. He has taken us through the discussions made by the Ld. Judge of the Small Causes Court in para. 2 of the impugned judgment and order and submitted that the valuer's report relied upon by the learned Judge in the impugned judgment and order was in dispute. That nothing emerges that the valuer's report was of which date and when the valuation of the property in question was made. It is further submitted that there is no universal rule that GRV should be 7% of the total valuation of the property.

(3.) THE respondent though duly served with the notice, has chosen not to remain present.