SHEIKH KALLAN Vs. MUNICIPAL BOARD THROUGH CHAIRMAN

JUDGEMENT

(1.) This is a Defendant's appeal in a suit for recovery of Rs. 2,900. It arose on the following facts:

(2.) It was averred on behalf of the Board that Sheikh Kalian collected the dues in the market but paid only Rs. 100 out of the amount due from him. Thus a sum of Rs. 1,800 was payable by him in respect of the theka for the year 1945-46. Owing to communal riots there was no fresh auction and Sheikh Kalian continued to collect the dues even in the following year, and that he had paid nothing on that account. The Board claimed Rs. 1,100 in respect of the dues collected for the year 1946-47. The suit which gave rise to this appeal was brought by the Board for recovery of Rs. 2,900 (Rs. 1,800 for 1945-46 and Rs. 1,100 for 1946-47).

(3.) The Defendant denied the claim and pleaded that the nilam was not completed as two of the conditions subject to which the auction was held were not fulfilled, (i) The highest bidder was to deposit one-fourth of the auction money within a certain period and (ii) he was to execute an agreement in writing within a week of the acceptance of his bid. That he neither deposited one-fourth of the auction money nor did he execute any agreement. He further pleaded that the auction sale was not confirmed by the Board and this being a contract involving a sum of more than Rs. 250 had Under Section 97 of U.P. Municipalities Act, to be in writing and to be executed in the manner provided by that section. This was not done and accordingly, it was argued, there was no contract enforceable at law. The Defendant further averred that he did not collect any dues. Limitation was also pleaded as a bar to the Board's claim.