UMRAO SINGH AND OTHERS Vs. MUNICIPAL COMMITTEE, BAHADARGARH

JUDGEMENT

(1.) THIS a plaintiffs' appeal against a judgment and decree of the learned District Judge of Rohtak affirming the decree of the learned Senior Subordinate Judge dismissing the plaintiffs' suit.

(2.) IN 1926 sales of a sites of shops in the Mandi were held subject to conditions contained in Ex. P. 2 in which it was stated that "the advantage of this Mandi is that it will always be free from octroi". In para. 13 of the conditions it is stated:

(3.) AGAINST this decree, the plaintiffs have come up in appeal to this Court and the point for determination is whether in the circumstances of this case civil Courts have jurisdiction to entertain the present suit. In my opinion, the Municipal Committee has acted in the exercise of its statutory powers and it cannot be said that they have acted in bad faith or in excess of or abuse of the powers vested in them. In East Frementle Corporation v. Annois,, (1902) A. C. 213 at p. 217 : (71 L. J. P. C. 39) Lord Macnaghten observed as follows: