BABULAL Vs. COLLECTOR

JUDGEMENT

(1.) THIS is a petition under Article 226, Constitution of India.

(2.) THE Respondent No. 2, the City Improvement Board Indore is a body corporate constituted under the City of Indore improvement Act, being Act No. 2 of 1926. On 16 -6 -1950 this Respondent No. 2 sold by public auction lease hold rights in plot No. 16 of scheme No. 15 Prince Yeshwant Road Indore, for the purpose of erecting a Petrol Pump. The lease was to be for a period of five years commencing from the date of the auction. The Petitioner offered the highest bid of Rs. 1,625 -0 -0 per year. The Petitioner's bid was accepted and according to the terms of the auction he paid on the same day one year's rent i.e., Rs. 1,625 -0 -0 in advance.

(3.) ON January 14, 1951 the Petitioner informed the Respondent No. 2 that petrol companies did not find tire plot suitable for erecting a petrol pump and he was therefore unwilling to continue the lease.