VEMAVARAM PANCHAYAT BOARD Vs. PULA APPALASWAMY AND ANOTHER

JUDGEMENT

(1.) The 1st defendant is the appellant. The suit was filed by the 1st respondent herein, a contractor, for the recovery of the amount due to him on the principle of Quantum Meruit. Both the Courts decreed the claim in his favour under Section 65 of the Indian Contract Act.

(2.) The first contention raised by Sri V. Parthasarathi, the learned Advocate for the appellant, is that the principle of Quantum Meruit does not apply inasmuch as no valid contract was executed in accordance with the statutory rules framed under the Madras Local Boards Act. The Lower Appellate Court followed the decisions reported in K.C.A. Arunachala Nadar v. Srivilliputtur Municipal Council I.L.R. 58 Madras 65 and Mohamed Rowther v. Tinnevelly Municipal Council 47 law Weekly 668 and held that the principle of Quantum Meruit applies to the case. Having carefully perused those decisions, I am inclined to agree with the Subordinate Judge. The same view was taken in Madura Municipality v. Alagirisami I.L.R. 1939 Madras 928.

(3.) Sri V. Parthasarathi, the learned Advocate for the appellant, relied on the decisions in Raman Chetti v. The Municipal Council of Kumbakonam I.L.R. 30 Mad. 290, Ramaswamy Chetty v. The Municipal Council, Tanjore I.L.R. 29 Madras 360 and Madura Municipal Council v. Veeranna kone 16 Indian Cases 890 as supporting his contention. Both the decisions in Raman Chetti v. The Municipal Council of Kumbakonam and Ramaswamy Chetty v. The Municipal Council, Tanjore were distinguished by Abdur Rahman J. in Madura Municipality v. Alagiriswami The relevant observations are at pages 935 and 940 and are as follows :