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TMI Blog1975 (8) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... ise out of the Tribunal s consolidated order, dt. 29th Oct., 1974, in E.D.A. was 62 to 68 of 1973-74 to the Hon ble High Court for opinion of their Lordships : (i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in directing to adopt the value of the lands at, Ponmeni" as admitted by the accountable person (viz.) Rs. 8,600 as against Rs. 75,000 adopted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, he adopted the valuation rate of s. 500 pre cent and estimated the market value of the lands at Rs. 75,000. 3. On appeal, the Appellate Controller of Estate Duty held that the land in the occupation of a cultivating tenant for a long period of 80 years and in view of the protection conferred on the tenants by the Cultivating Tenants Protection Act, the possibility of the accountable person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d has to be determined with reference to the circumstances prevailing on the date of death of the deceased. The land in question is admittedly in possession of the tenant for the last 30 years. The deceased filed a petition for evicting the tenant under s. 3(4)(a) of the Madras Cultivating Tenants Protection Act, 1955 on the ground that he is default of payment of rent and that he is raising plant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1973), which enables the tenant to acquire ownership of the property on payment of 12 times the annual lease amount, the valuation of Rs. 8,600 shown by the accountable person is fair and reasonable and the same should be accepted. 6. The above finding of the Tribunal is purely a finding of fact based on appreciation of evidence and other materials on record. It is a well settled rule that an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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