BECHARDAS DAMODARDAS KACHIA Vs. BOROUGH MUNICIPALITY OF AHMEDABAD

JUDGEMENT

(1.) THIS is an appeal by one Bechardas Damodardas against whom a decree for Rs. 20,000 and odd has been passed by the Joint First Class Sub-Judge, Ahmedabad, at the suit of the Ahmedabad Municipality.

(2.) THERE is no dispute as to the facts which are fully set out in the plaint. The Ahmedabad Municipality has a vegetable market, the right to occupy which is periodically sold by auction. THERE was an auction held on January 21, 1934, at which one Bechardas Samaldas was the highest bidder. The terms of the tenancy were set out in the conditions of the auction, exhibit 61, a document which after his bid was made was signed by Bechardas Samaldas and also by the Chairman of the Standing Committee which carried out the auction. The period of tenancy was to be three years from April 1, 1934, to March 31, 1937. The person who obtained the lease was to pass a registered rent-note at his own expense. He was to deposit one month's rent and he was to pay the rent every month in advance. THERE were numerous other conditions, but we are not at the moment concerned with those.

(3.) IN the suit the plaintiff Municipality claimed damages amounting to Rs. 26,000 and odd, the amount being arrived at in this way. The total amount which would have been paid by way of rent under the agreement with Bechardas Samaldas was Rs. 91,836. From that amount was deducted the sum of Rs. 33,000 and odd which had been received as rent from Bechardas and also the sum of Rs. 32,000 and odd which was to be received from the new tenants within the period of the original tenancy. IN addition a small sum was claimed for the expenses of advertisement and so on.