MUNICIPAL BOARD GONDA Vs. BACHCHU

JUDGEMENT

(1.) The Municipal Board of Gonda owns some shops and a compound collectively designated the Sabzimandi in the City of Gonda, By resolution No. 7 (1) dated 1-8-1940, it agreed to grant under certain conditions a contract to "Bachchu, alias Nabi Bux, for the realisation of the Municipal dues leviable in this mandi from 1-8 19(SIC)0 to 31-3-1942 in consideration of a payment of Rs. 1000 upto 31-3-1941, & another sum of Rs. 1000 for the ensuing year.

(2.) It is agreed that the contract was never reduced to writing nor was it signed as required by Section 97, Municipalities Act, but Bachchu was placed in possession of the Sabzimandi & began making his realisations. He also paid up the sum of Rs. 1000 for the period ending on 31-3-1941, but failed to pay the renaming Rs. 1000. Consequently, on 3-6-1942, the Municipal Board of Gonda instituted Suit No. 119 of 1942 in the Court of the Munsif, Gonda, for recovery of Rs. 1000.

(3.) The deft, raised a large number of pleas including a plea to the effect, that, as the contract could only be made through a written agreement & there was no such in existence, the suit based upon an agreement did not lie.