HAR CHARAN LAL Vs. AGRA MUNICIPAL BOARD

JUDGEMENT

(1.) These two second appeals arise out of the same decree. The Municipal Board of Agra brought a suit for the recovery of Rs. 1,632.6 against defendants 1 to 4 and prayed for a decree under Order 34, Rule 4, Civil P. C., for this amount. It further asked for a simple money decree for Rs. 112-15-9 against all six defendants. Thakur Ram Sarup, defendant 5, was the original owner of house No. 132 and 132/1-2 in Roshan mohalla in the City of Agra and he was so recorded in the Municipal registers. The house tax and water rate upon these premises were respectively Rs. 33-9.10 and Rs. 56-0.6 prior to 1-4-1937 and Rs. 25-6 9 and Rs. 42-4.10 after April 1937. On 28-2-1923, Abir Chand defendant 4, acquired 1/3rd share in these premises at a court sale. He obtained delivery of possession on 25-6-1923. Banwari Lal, father of defendants 1 to 3, purchased one half share in this house at a court sale on 10-2-1927 and 1/6th share on 25-7-1928. He obtained delivery of possession on 4-9-1928. Thus Banwari Lal became the owner of 2/3rd and Abir Chand of 1/3rd share in these premises. Abir Chand sold his 1/3 share in the house in November 1942 to Lala Har Charan Lal, defendant 6. These are the facts so far as the history of the title of these premises is concerned.

(2.) It appears that there is a bye-law in the Agra Municipality according to which it must be informed whenever there is a transfer of title in any house. The Courts below have held that the defendants in the present case did not comply with this bye-law and sent no information to the Board of their various purchases. It is also undisputed that none of the defendants applied for mutation of their names in the Municipal Registers.

(3.) In 1934 the Municipal Board of Agra brought a suit in the Court of Munsif for the recovery of arrears of tax then due. It was against Ram Sarup, defendant 5, only because he alone appeared as the owner of these premises in the registers of the Municipality. That suit was decreed but when the execution was taken out it was discovered that the house had passed out of the hands of Ram Sarup. The execution was infructuous. In those execution proceedings the Municipal Board had to spend Rs. 112-15.9. Hence a simple money decree is claimed for this sum.