(1.) There are three petitions which have come up for hearing in which the same question is involved and Counsel for the parties in all the three petitions have agreed that the same be heard together.
(2.) The petitioners in Misc. Petition No. 1131 of 1977 are the heirs and legal representatives of one V.V.K. Sarma (now deceased) the original petitioner. The case of the petitioner in this Misc. Petition No. 1131 of 1977 is that V.V.K. Sarma (now deceased) was a railway employer. That a housing society known as Shiv Darshan Central Railway Co-operative Housing Society Ltd., (that is the 3rd respondent herein) was floated. That this housing society put up a building. That on or about 13th January, 1974 the said Sarma (now deceased) was allotted Flat No. 5 in building A thereof. That on or about 8th January, 1975, the said Sarma (now deceased) applied to respondent No. 3 to grant him permission to give this flat to a care-taker. By a letter dated 1st April, 1975, respondent No. 3 granted this permission. That thereupon in or about January 1975, the said Sarma (now deceased) entered into an agreement with Messrs Vijaya Bank Ltd. Under this agreement, the said Sarma gave out his flat i.e. Flat No. 5 on care-taker basis to the said Vijaya Bank Ltd. on their paying a sum of Rs. 750/- per month by way of compensation.
(3.) It is the petitioners case that the society put up about 7 buildings. That these buildings came to be assessed in or about the month of March 1975. That the rateable value of this Flat No. 5 was fixed at Rs. 1,920/- per annum. That the said Sarma was then served with a till by the respondent No. 3 ceiling upon him to pay the municipal taxes of Rs. 484.33 on the basis of the said rateable value. It is the petitioners case that this rateable value fixed, was on the basis of the standard rent.