UPPINANGADY GRAMA PANCHAYATH Vs. P NARAYANA PRABHU

JUDGEMENT

(1.) BOTH the appeals pertain to the same parties, on same set of facts, giving rise to similar liabilities but for distinct and different periods.

(2.) THE Uppinangady Grama Panchayath conducted public auction of the stalls. The respondent-accused is the successful bidder of stall No. 2. The terms of auction are as follows:

(3.) THE admitted facts narrated above clearly discloses that the cheques are not issued in respect of the existing current liability to pay the rent for occupation. The cheques have been issued in advance towards future rental liability. May be that accused had unilaterally terminated the contract and might have committed breach of terms of contract. The Panchayath may have right to sue the accused for damages for the breach of contract but the Panchayath has no right to seek payment of rents for the periods when the accused is not in occupation.