AJUDHIA NATH DOWARKA NATH Vs. AMAR NATH GUPTA

JUDGEMENT

(1.) The plaintiff-respondents, Amar Nath Gupta, Manohar Lal, Nand Kishore and Prem Chand as rate-payers of the Municipal Committee, Sonepat, challenged the transaction of sale made fey the second defendant, Municipal Committee of Sonepat, in respect of 48 bighas and 5 biswas of agricultural land in favour of Ajudhya Nath appellant, who was made the first defendant in the suit. The suit was decreed by the trial Judge and this decree was affirmed in appeal preferred by the first defendant, who has now come in second appeal to this Court.

(2.) In the first instance, 22 bighas and 15 biswas of land were given on lease by the Municipal Committee, Sonepat, on 19th of April 1938, to the Sonepat Electric Supply Company, for 18 years at an annual rent of Rs. 100/-. Subsequently in 1940, another strip of land was given on lease to the same company at Rs. 50/- per annum, the aggregate land under both the leases being 48 bighas and 5 biswas.

(3.) On 5th of February 1941, a resolution (Exhibit D. W. 3/3) was passed by the Municipal Committee, Sonepat for the sale of the land covered by the two leases to the Electric Supply Company at market value. The proposal was that it was for the benefit of the Committee to sell the land which had been given on lease to the Sonepat Electric Supply Company. The resolution further stated that the sanction of the Commissioner should be obtained for this transaction, it being necessary under the rules to do so. The sanction of the Commissioner was com-municated to the Municipal Committee through its Deputy Commissioner on 11th of March 1941 vide letter of the Inspector of Local Bodies (Exhibit D. W. 3/9). In the letter, it was stated that "sanction is hereby accorded to the sale by private treaty, by the Municipal Committee, Sonepat of municipal land measuring 48 bighas and 5 biswas to the Sonepat Electric Supply Co., for Rs. 1,894/13/-".