| Citation(s) |
|---|
| 1975 SLG 3318 = 1975 SLD 3318 = 1975 PLD 717 |
Lahore High Court
Writ Petition No. 950 of 1973, decided on 16th June 1975.
Presented By: Sardar Muhammad Iqbal, C J
Subraya v. Arundel (1883) I L R 6 Mad. 287 and Kanhardas v. Keshav A I R 1935 Bom. 321 distinguished. Jaffer Baig Sahib v. Chicacole Municipality A I R 1927 Mad. 927 not approved. Municipal Council, Tirupati v. Mahant Prayag Dossjee Varu A I R 1915 Mad. 594 ; Municipal Council, Palni v. Sri Dhandayuthapani Pillat A I R 19411 Mad. 185 and Madura Municipality v. Devasthanams A I R 1 942 Mad. 658 ref. Sh. Abdul Haque for Petitioner. Mian Ataul Haq for
Respondent.
Writ Petition No. 950 of 1973, decided on 16th June 1975.
Presented By: Sardar Muhammad Iqbal, C J
Subraya v. Arundel (1883) I L R 6 Mad. 287 and Kanhardas v. Keshav A I R 1935 Bom. 321 distinguished. Jaffer Baig Sahib v. Chicacole Municipality A I R 1927 Mad. 927 not approved. Municipal Council, Tirupati v. Mahant Prayag Dossjee Varu A I R 1915 Mad. 594 ; Municipal Council, Palni v. Sri Dhandayuthapani Pillat A I R 19411 Mad. 185 and Madura Municipality v. Devasthanams A I R 1 942 Mad. 658 ref. Sh. Abdul Haque for Petitioner. Mian Ataul Haq for
Respondent.
CATHOLIC DIOCESE OF MULTAN THROUGH FATHIIR DIRIRK MASQUITIA, BISHOP OF MULTAN----PETITIONER
VERSUS
THE MULTAN CANTONMENT BOARD THIIOUOH THE EXECUTIVE OFFICER, CANTONMENT BOARD, MULTAN AND ANOTHER----RESPONDENTS
Law: Cantonments Act (II of 1924)
Section: 99(2)(a)
Cantonments Act (II of 1924) S. 99(2)(a)-Church property-Bishop's house, servants' quarters and godowns used for storing church movables-Held : exempt from tax. A bare reading of section 99 (2)(a);of the Cantonments Act shows that all buildings and lands set apart for public worship or either actually so used or used for no other purpose are exempt from any tax. However, if the Board has to render any specific services, relatable to a place of worship within its limits, it may impale tax to cover the cast for such services. The case of the petitioner is that the Bishop's house, the servant-quarters and the godowns attached with church are being actually used for no other purpose except for accommodating the functionaries responsible for proper maintenance of the church; for conducting service, and for storing property of the church. These facts are not disputed on behalf of the respondents. It i3 also not their case that the Board renders any services towards the main tenance of the church. Moreover, the premises which have been assessed to property tax are admittedly not being used for any secular or commercial purposes and thereby yielding any profit. The Bishop's house, servant quarters and the godowns are ancillary to the church and are not being used for any other purpose. Therefore, the residential quarters including the Bishop's house attached to the Catholic Diocese are exempt from property tax under clause (a) of subsection (2) of section 99 of the Cantonments Act, 1924. Date of hearing : 16th June 1975. JUDGMENT Property bearing No. 63, Multan Cantonment Rating Area, comprising a Church, a Bishop's house, some servant quarters and three small godowns, is owned by Catholic Diocese of…