vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1992 OF 1995 WRIT PETITION NO.1992 OF 1995 WRIT PETITION NO.1992 OF 1995 The Pune Municipal Corporation ... Petitioner V/s. Vijaya Sadashiv Marathe ... Respondent Mr.R.G. Ketkar for Petitioner None for Respondent CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: MARCH 27, 2008 MARCH 27, 2008 MARCH 27, 2008 P.C.: P.C.: P.C.: . The judgment and order in Municipal Appeal No.276 of 1991 has been challenged in this petition. The rateable value was fixed at Rs.13,910/- for the flat owned by the respondent. The standard rent has been taken as Rs.259.25 by the Small Causes Court and, therefore, the rateable value has been reduced to Rs.1329.50 and rounded off to Rs.1,400/-. The basis for calculation is the standard rent fixed in respect of the self occupied flat in the same building. Admittedly, the flat in the present case has been let out at a monthly rent of Rs.1,200/-. Therefore, the reasons for reducing the rateable value cannot be accepted. 2. In the circumstances, the petition is allowed. The impugned order is set aside. The Municipal appeal No.276 of 1991 is remanded to the Small Causes Court to : 2 : be decided within six months from the date of this order. Parties are at liberty to file additional pleadings and documents and also to lead evidence in support of their cases. The Small Causes Court to issue notices of hearing to the parties. 3. Rule made absolute accordingly. No order as to costs.