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No such question arises in this case and we are quite clear that the Tribunal which is to exercise the jurisdiction for executing the decree in question is "a Court" within the scope of section 45-C of the Banking Companies Act. Any person interested in the land in such areas may make, objections or suggestions, if any, to the Collector within 30 days from the date on which such public notice is published by beat of drum in Advocates (extra resources) the village or area concerned or the date on which it is published in the newspaper as aforesaid, whichever is later; and the Collector shall, with all reasonable dispatch, forward any objections or suggestions so made together with his report in respect thereof to the State Government and on considering the report and the objections and suggestions, if any, the State Government may pass such order as it deems fit.

Messrs Muni Lal Chuni Lal(1) has been cited to show that the Tribunal constituted under this Act is not a Court. The balance of the net profits, after providing for various matters mentioned in section 30 of the Act, is to be made over to the State Government for the purpose of road development. Before dealing with this question it is necessary to notice the argument that section 45-C of the Banking Companies Act has no application -at all to a pro- 619 ceeding pending before the Tribunal.

These shares are guaran- 23 teed by that Government. That is the objection we are concerned Advocates; extra resources, with. Among other things, one of the objections was that the defendants were not in a position to implement the conditions imposed on them by the decree because the Marwari Brothers firm was dissolved by agreement between the parties before the Federal Court's decree and was no longer in existence. The present appeal turns almost entirely on that fact and on the conseq uences that flow from it.

But the question is whether that rent paid by the sub-lessee is in normal circumstances and whether it is either inflated or depressed by reason of any other consideration or relationship. Section 28 of the Displaced Persons (Debts Adjustment) Act itself is reasonably clear on that point. (2) Before publishing a notification under sub-section (1), the Collector shall give a public notice inviting objections or suggestions in respect of the lands falling under clauses (a) and (b) of sub-section (1), by publishing in the manner specified in sub-section (2) of section 11 and also in the Official Gazette and in one daily newspaper in the Marathi language circulating in the local area comprising such villages and areas of affected and benefitted zone.

In addition to what has already been mentioned when referring to the composition of the Corporation, the capital of the Corporation may be provided by the Central and State Governments in such proportion as is agreed between them. Therefore, going by the principle settled by this Court in the case of Dewan Daulat Rai Kapoor (supra), the rateable value under section 63 of the NDMC Act, in the case of the appellants coming under the second category has to be fixed on the basis of 75% of the amount received from the sub-lessee by the appellants.

When no such capital is provided, the Corporation may raise capital, as is authorised by the State Government, by issue of shares. In support thereof the judgment of one of the learned Judges in Parkash Textile Mills Ltd. It is urged that the Tribunal under the Displaced Persons (Debts Adjustment) Act is not a Court. It is unnecessary for us to consider whether the view taken by the learned Judge was correct. Having regard to the agreement with the Government of India for payment of 25% of the gross rent fetched from the sub-lessee, we are inclined to hold that Advocates [extra resources] the 25% that is being paid to the Government of India by the lessee out of the rent collected from the sub-lessee is inflated to include the extra 25% since the rent actually available to the lessee is only 75% of the amount actually paid by the sub-lessee to the lessee.

The Corporation can be superseded by the State Government or that Government may, after an Advocates (extra resources) enquiry under section 36, authorize a person by notification in the official Gazette to take over the Corporation and administer its affairs during the period the notification is in force. One of the plaintiffs, Kedarnath Khetan, filed an objection petition on 20-3-1951. , as to whether the Tribunal had the exclusive jurisdiction to determine for itself the preliminary jurisdiction on facts Advocates; you could look here, and it is for that purpose the learned Judge attempted to make out that a Tribunal was a body with a limited jurisdiction, which limits were open to be determined by a regular court when challenged.

The question that arose in that case was a different one, viz. The Corporation is under the effective control of the State Government. The budget of the Corporation has to be submitted to the State Government for approval and its accounts are to be audited by an auditor appointed by that Government. The argument is that section 45-C applies only to a proceeding pending in any other Court immediately before the commencement of the Banking Companies (Amendment) Act.

In the second category of cases before us the actual rent payable by a tenant to the landlord is available for verification by the assessing officer.