JUGALKISHORE KABRA Vs. MUNICIPAL COMMITTEE

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 10 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 trial Court dismissed the suit on the grounds that the rate-payers are not entitled to file such a suit, that the resolution was passed in good faith and that the bargain was neither unconscionable, nor unauthorisd nor illegal.