THIRUBUVANAM TOWN PANCHAYAT Vs. NABISA BIBI

JUDGEMENT

(1.) THE defendant in O.S.No.406 of 1985 on the file of District Munsif Court, Valangaiman at Kumbakonam, has preferred the second appeal aggrieved against the Judgment and decree in A.S.No.2 of 1989 on the file of Sub Court, Kumbakonam dated 4.10.1989 reversing the judgment and decree of the trial court dated 9.12.1988.

(2.) THE case in brief is as follows: THE plaintiff filed a suit for declaration that the assessment made by the defendant Panchayat is arbitrary and contrary to the Rules with consequential relief of permanent injunction. THE plaintiff had purchased a vacant site measuring 2000 Sq.ft. in S.No.79/6. Thirubuvanam Jamath Authorities formed layouts and the house sites were sold to different persons. THE plaintiff purchased two plots for a consideration of Rs.5,000 on 18.1.1982. She wanted to put up a house in the property as she was not owning any other house. About 29 plots were sold by the owners, in which one or two constructions have been completed; but, so far as the plaintiff is concerned, the construction was incomplete. Thirubuvanam Panchayat Union had also not put up any street light and drainage facility. THE Executive Officers of the Panchayat Union also do not visit the construction of the plaintiff and the valuation has not been determined in accordance with law. However, on 12.9.1985, the plaintiff received a demand notice, showing the annual assessment of the house tax as Rs.567 on the tentative value of Rs.50,000 and the annual rental value at Rs.3,000. She has not been informed on what basis, the assessment has been determined by the Authorities and hence, filed the suit.

(3.) THE points that arise for consideration are: