COMMISSIONER BHAVANI MUNICIPALITY Vs. P S NAGARAJAN

JUDGEMENT

(1.) THE plaintiff is the appellant. The plaintiff/bhavani Municipality filed the suit, O. S. No. 58 of 1986 claiming a sum of Rs. 47,151/- with interest and costs.

(2.) THE case of the plaintiff, in brief, is as under:-

(3.) THE defendant, in his written statement, admitted that he was the successful bidder for the year 1981-82. According to the defendant, the plaintiff did not provide certain amenities as promised resulting in heavy loss to the defendant. Hence, the defendant filed the above suit to maintain his position for the subsequent year also. The defendant paid the sum as paid during the previous year, as requested by the Commissioner of the plaintiff municipality and therefore, the plaintiff is estopped from claiming anything more. The case of the defendant is that nothing prevented the plaintiff from putting the successful bidder in possession by taking appropriate action by itself. There was no loss to the plaintiff as claimed and there is no basis for the claim made by the plaintiff.