NADIAD BOROUGH MUNICIPALITY Vs. PARIKH JITENDRA KANAIYALAL

JUDGEMENT

(1.) This Second Appeal has been referred by Mr. Justice Bhagwati for decision by a Division Bench of this Court having regard to the importance of some of the points involved in this appeal. The few facts necessary for the purpose of determining the points raised in this appeal are as under:

(2.) It was strenuously urged by Mr. Patel the learned Advocate for the municipality that the notice that had been served on the municipality on 18 November 1953 prior to the institution of the suit was not a legal notice in due compliance with the provisions of section 206A of the aforesaid Act. That section runs as under :

(3.) It was urged that the notice was bad inasmuch as the notice was addressed to The Nadiad Borough Municipality. It was argued that the notice should have been addressed to the Nadiad Borough Municipality through its Chief Officer and as it was not addressed to the municipality through its Chief Officer the notice was bad. Strong reliance was placed upon the provisions contained in sec. 8 of the Act in this connection. That section provides as under :