JUGALKISHORE KABRA Vs. MUNICIPAL COMMISSIONER, PIPARIA

JUDGEMENT

(1.) THIS is plaintiffs' second appeal from a decree dated 27 -3 -1952 passed by the Additional District Judge, Narsimhapur, affirming the decree dated 16 -4 -1951 of the, Civil Judge (Class II), Sohagpur at Narsimhapur, dismissing the plaintiffs' Civil Suit No. 63 -A of 1949

(2.) THE three plaintiffs -appellants are taxpayers of the Municipality of Piparia. The defendants -respondents are eleven in number. Defendant -respondent 1 is the Municipal Committee of Piparia, Tahsil Sohagpur. Defendant -respondent 2 is the nominated President. Defendant -respondent 11 Shri Moolchand Bamoria is the Honorary Secretary of the Municipality. Formerly there was a Notified Area Committee, which was converted into a Municipality by Gazette Notification on 8 -1 -1949. Defendants -respondents 3 to 13 were nominated members of the said Municipality. The allegations in the plaint are that by a resolution dated 13 -4 -1949 the Municipal Committee gave its own Plot No. 39/2, area 3 acres, of mouza Deogaon Piparia to the defendant -respondent No. 11 in exchange for his worthless Plot No. 42/2, area 3 acres in the same mouza. The said transfer of exchange was attacked by the plaintiffs -appellants as unconscionable, unauthorised and illegal, and it was prayed that the deed, executed on 14 -4 -1949 in accordance with the resolution dated 13 -4 -1949, be cancelled as invalid and possession of Malik Makbuza field No. 39/2 be restored to the Municipality.

(3.) THE dismissal of the suit on these grounds was upheld by the lower appellate Court. In addition to these grounds, it was added by that Court that the suit must also fail on account of want of notice to the respondents 2 to 10 under Section 48 of the C. P. and Berar Municipalities Act, 1922 (II of 1922).