KUNHAHMED Vs. MATTANCHERRY MUNICIPALITY

JUDGEMENT

(1.) THESE second appeals arise out of three suits by the respondent, the executive authority of Mattancherry Municipality, for the realisation from the appellant, of property tax for three years. The point taken here, was that the suits were not instituted in compliance with S. 354 (g)of the Cochin Municipal Act, 1113, which reads as follows: "the executive authority may with the approval of the Council institute and prosecute any suit or withdraw from or compromise any suit or claim, which has been instituted or made in the name of the Municipal council or of the executive authority. " In the lower appellate court, the respondent filed a copy of the resolution which was passed by the Municipal Council in approval of the institution of the suits by the respondent, which was admitted as an additional document. I do not find my way to interfere with the discretion exercised by the appellate court in admitting it. The resolution was actually passed a few days after the suits were filed.

(2.) THE question is whether this was sufficient compliance with S. 354 (g) aforesaid. THE word "approval" has been defined in black's Law Dictionary, 4th Edition, as "the act of confirming, ratifying, sanctioning or consenting to some act or thing done by another. "