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State of Madras Vs. S. Mohamed Ibrahim and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai High Court
Decided On
Case NumberApp. No. 341 of 1956
Judge
Reported inAIR1960Mad252
ActsLand Acquisition Act
AppellantState of Madras
RespondentS. Mohamed Ibrahim and ors.
Cases ReferredRadhakrishna v. Province of Madras
Excerpt:
land acquisition act (i of 1894)--mode of assessment of compensation payable by government--site and superstructure valued as single unit. ; on the question how compensation is payable by the government for house property acquired under the land acquisition act,; held, that the house property inclusive of the site and superstructure should be valued as a single unit. from the gross annual income, the tax payable and the expenses for minor repairs have to be deducted to arrive at net annual income.; in regard to house property in a municipal area, the market value is arrived at by multiplying the net annual income by the number yielded by dividing hundred by the rate of interest current at the time of notification on gilt-edged securities. - - .....reference to the net annual income of the property. for arriving at the annual income, where such house-property is actually leased to a tenant who is regularly paying the rent stipulated, the rent furnishes adequate evidence. it is wrong in such a case to attempt to value the site, independently of the superstructure and then value the superstructure as a separate unit and add the one value to the other with a view to arrive at the compensation payable to the owner of the property.the site and the structure cease to be capable of yielding separate items of income. the house property is enjoyed as a unit by the owner or by the lessee. the method adopted by the land acquisition officer in valuing the site and the superstructure separately and then adding the values for the purpose of.....
Judgment:
1. For house property acquired under the Land Acquisition Act, the compensation payable by the Government should mainly be assessed with reference to the net annual income of the property. For arriving at the annual income, where such house-property is actually leased to a tenant who is regularly paying the rent stipulated, the rent furnishes adequate evidence. It is wrong in such a case to attempt to value the site, independently of the superstructure and then value the superstructure as a separate unit and add the one value to the other with a view to arrive at the compensation payable to the owner of the property.

The site and the structure cease to be capable of yielding separate items of income. The house property is enjoyed as a unit by the owner or by the lessee. The method adopted by the Land Acquisition Officer in valuing the site and the superstructure separately and then adding the values for the purpose of arriving at the compensation payable was wrong. The learned Subordinate Judge was right in holding that the house property, inclusive of the site and the superstructure should be valued as a single unit.

(2) The house property had been leased to a tenant. He was regularly paying the rent stipulated, namely, Rs. 32 a month. The gross annual income of the property was Rs. 384. From the gross annual income, the tax payable has to be deducted. In deducting the tax payable, the learned Subordinate Judge considered that Rs. 50-9-3 was the half-yearly tax. That was the half-yearly tax until the end of September 1952. The notification under the Land Acquisition Act relating to this property was issued in October 1952. The tax payable for the half-year 1952-53 was not Rs. 50-9-3, but Rs. 41-7-0. The Subordinate Judge should have deducted from the gross value not twice Rs. 50-9-3, but twice Rs. 41-7-0, namely, Rs. 82-14-0, on account of tax. The Subordinate Judge deducted Rs. 32 on account of expenses of minor repairs. That is correct. The net annual income is thus Rs. 384 minus Rs. 82-14-0 minus Rs. 32.

(3) In regard to house-property in a municipal area, the market value is arrived at by multiplying the net annual income by the number yielded by dividing 100 by the rate of interest current at the time of the notification on gilt-edged securities (vide Collector of Kistna v. Sivarama Prasad, AIR 1938 Mad 33). That principle was approved in Radhakrishna v. Province of Madras, AIR 1949 Mad 171. In AIR 1938 Mad 33, the actual return on gilt-edged securities at the time of the notification was 3 1/2 per cent. The District Judge had capitalised the rental at 30 years' purchase. 100 divided by 3 1/2 per cent is 28-4-7.

This Court considered it unnecessary to interfere with the District judge's order adopting "30 years' purchase". In the case now under appeal, the Subordinate judge has multiplied the net annual income by the precise figure of 28-4/7, which is the result of dividing 100 by 3 1/2. There is therefore no reason to alter the number of years' purchase adopted by the Subordinate Judge. Instead of multiplying Rs. 250-13-6 by 28-4/7, Rs. 384 minus Rs. 114-14-0 will be multiplied by 28-4/7. To that figure, 15 per cent will be added as solatium. In the place of the sum awarded by the learned Subordinate Judge, the sum arrived at on the basis stated above will be substituted. To that extent, the memorandum of cross objections is allowed.

(4) As regards the appeal, the interest which the Subordinate Judge should have allowed was 4 per cent per annum from 12-1-1954, and not six per cent (See Madras Act 12 of 1953). To that extent, the appeal is allowed. The parties will bear their own costs in the appeal and the memorandum of objections.

(4) Order accordingly.


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