GANGARAM Vs. MUNICIPAL COUNSEL NAGAR PALIKA NEEMUCH

JUDGEMENT

(1.) This judgment shall also govern the disposal of Second Appeal No. 25/74 (Smt. Seriubai v. Municipal Council, Neemuch) arising in similar facts and raising similar questions for decision. Facts relating to S.A. No. 277/72 :

(2.) S.A. No. 277/72 is by Gangaram S/o Bharaji resident of Neemuch, who having expired, his legal representatives have been brought on record. The suit was filed seeking a declaration that the plaintiff was a pakka tenent of garden No. 12 situated within limits of Neemuch Municipality and that recovery of Rs. 4,384/- from the plaintiff was void, with consequent injunction restraining the recovery. According to the plaintiff though the land was held by him as a lessee of the Neemuch Municipality; but by operation of law he had become Bhumiswami; the land being in reality owned by the State, the Municipality having no right and title therein and hence any demand on account of rent payable under the lease at the instance of the Neemuch Municipality was null and void.

(3.) The facts and documents brought on record go to show that on 1-6-1939 late Bharaji was having a lease for a period of 10 years commencing lst April 1939 and expiring 31/03/1949. The lease, Ex.P/46, shows that at that time Neemuch was a Cantonment and the lease was executed by the Resident for Central India on behalf of the Secretary for India in Council, on 14-9-1951 there was another lease, Ex. P/47 for a period of one year (1951-52) executed by the Secretary, Municipal Committee, Neemuch on behalf of Neemuch Cantonment Municipality in favour of late Bheraji. On 24-3-1956 there was a lease, Ex. D/1 for a period commencing 1-4-56 to 31-3-1957 in favour of the plaintiff Gangaram by the Neemuch Municipality u/ S. 53 of the Madhya Bharat Municipalities Act, 1954. This appears to be the last lease. The rent fell in arrears for which demand notices were issued from time to time, which having not been complied with and the objections against the proposed recovery of lease rent having been rejected by the Municipality on 30-12-1961 vide notice, Ex. P/6, a bill, Ex. P/7, u/ S. 94(1) of M.B. Municipalities Act, 1954, for a sum of Rs. 4,384/- was presented to the plaintiff. Facts relating to S.A. No. 25/74 :-