COMMR ASANSOL MUNICIPALITY Vs. KINEMA INDUSTRIES PRIVATE LTD

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29th November 1965, as made by D.Basu, J., in Civil Rule No.53(W) of 1966. By his determination as above, the learned Judge had made the Rule, wherein the valuation and assessment in respect of the writ petitioner's holding No. 37, Hospital Road, for the period commencing from April 1964 was challenged, absolute, along with other Rules, being Civil Rules Nos.54(W) and 55(W) of 1966. This appeal, as indicated hereinbefore, relate to the determinations made in Civil Rule No.53(W) of 1966 and not against the determinations in the other Rules.

(2.) The Respondent No.1, Cinema Industries Private Ltd. (hereinafter referred to as the said petitioner), moved and obtained the concerned Civil Rule No.53(W) of 1966, as mentioned hereinbefore, against preparation and publication of the valuation and assessment lists in respect of their holding No.37 Hospital Road, Asansol, Burdwan (hereinafter referred to as the said holding), claiming them to be illegal, unauthorised, inoperative and void, on the grounds as indicated hereafter.

(3.) The said petitioners are the admitted owners of Gadhuli Cinema, Asansol, which is situated on the said holding, which is an old one and according to the said petitioners; there has been no addition or alterations to the structures on the same for over 10/12 years. The said petitioners have claimed that in fact, the conditions and value of the concerned structures on the said holding, have deteriorated or diminished and they are in exclusive possession of the structures and no part of them has been let out. It has also been stated that the tenants are in exclusive possession of the said holding and the said petitioners are not, and the said holding is situated in a locality, which is mainly residential.