- (1.) These are two Municipal Assessment Appeals, arising out of the same judgment of the learned Judge, Second Bench, Court of Small Causes, Calcutta. Appeal No. 324 is by the assessee Messrs. General Electric Company of India Limited, to be hereinafter referred to as the Company, and Appeal No. 325 is by the Corporation of Calcutta, The premises under assessment are No. 6, Chittaranian Avenue, Calcutta, which contain 33 cottahs-12 chittacks and 23 sq. ft, of land and a building which is not used for letting purposes. At the sexennial general re-valuation, which was effective from the 1st of April, 1948, the premises were valued under Section 127(b) of the Calcutta Municipal Act of 1923, which will hereinafter be referred to as the Act. The land of the premises was valued at Rs. 4,72,947/- at the rate of Rs. 14,000/- per cottah and the old building, existing thereon, was valued at Rs. 12,42,168/-. There had been some new constructions made after the earlier re-valuation of 1942-43 which were valued at Rs. 51,420/- at the above 1948 general re-valuation. The total valuation was thus made at Rs. 17,66,535/-. The Company objected to this valuation under Section 139 of the Act and, thereupon, the Deputy Commissioner (No. 1), Calcutta Corporation, by his order, dated 22-6-1953, reduced the value of the land to Rs. 11,000/-per cottah and that of the old building to Rs. 11,51,886/-, the valuation of the new constructions being kept intact. The total valuation, thus arrived at, was Rs. 15,74,907/- and the annual value was assessed, after the allowable deduction, at Rs. 72,495/-.
(2.) Against this assessment the Company appealed to the Court of Small Causes, Calcutta, on 12-8-1953, and claimed that the land should have been valued at Rs. 8,500/- per cottah and the building including the new constructions at Rs. 7,90,500/-. The learned Small Cause Court Judge accepted the valuation of the land at the rate of Rs. 11,000/- per cottah, as fixed by the Deputy Commissioner of the Corporation of Calcutta, but he reduced the value of the building to Rs. 9,44,5807- and, after allowing the deduction, granted by the Corporation on account of cost of repairs and maintenance of lifts, he assessed the annual value of the premises at Rs. 59,560/-.
(3.) The Company, in its appeal, has accepted the valuation of the building, as made by the learned Small Cause Court Judge, but it has objected to the valuation of the land. The Corporation, in its appeal, has objected to his valuation of the building.;