MUNICIPAL COUNCIL NEEMUCH Vs. UDAIRAM RICHPAL VERMA

JUDGEMENT

(1.) THIS application by the Municipal Council under Article 226 of the Constitution of India is to quash the order of the Magistrate, First Class, neemuch dated 19-4-1974 dismissing the application of the petitioner under section 165 (1) of the M. P. Municipaliites Act 1961 (hereinafter referred to as the Act.)

(2.) THE writ petition raises an important though short question of law, whether the Magistrate is competent or has jurisdiction to go into the validity and correctness of the demand raised by the Municipality under section 164 of the Act in an application under section 165 (1) for recovery of the amount. In order to understand the scope of the question, it is necessary to refer briefly the material facts, which are not in dispute and which lie in a short compass that gave rise to the question.

(3.) THE petitioner Municipal Council had leased certain gardens to the respondent Udairam Verma some years back. A notice dated 25-3-1964 was issued by the Municipality to the respondent directing him to hand over possession of the land in question after terminating all his rights in the land. The respondent tenant did not pay to the Municipality any rent towards the land since the date of the service of the quit notice. The Municipality on 15-1-70 issued a bill under section 164 (i) of the Act for a sum of Rs. 2447 towards rent due by the respondent for the period commencing from 1-4-1957 to 31-3-1970. As the respondent did not pay the amount indicated in the bill nor preferred an appeal to the Civil Judge, a notice of demand under section 164 (3)of the Act was issued on 5-3-1970 and served the same on the respondent.