RAMJILAL Vs. MUNICIPAL BOARD BHADRA

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff Ramjilal in a suit for injunction.

(2.) THE plaintiff-appellant obtained a piece of open land 16 sq. gaj in area from the defendant Municipal Committee of Bhadra for purposes of carrying on his trade and was paying a certain amount of rent per month, which is called Tah-bazari. THE plaintiff's case was that lately, the defendant had issued a notice to auction the aforesaid land and in pursuance thereof had held the auction on the 31st of August, 1947 and that the course of action adopted by the defendant in auctioning the land was illegal. THE plaintiff alleged that all that the defendant was entitled to do was to recover the Tah-bazari and that it had no power to auction the land so long as the plaintiff was prepared to pay the agreed amount. THE plaintiff therefore filed the suit, out of which the present appeal has arisen, for a perpetual injunction restraining the defendant from auctioning the land and form dispossessing the plaintiff so long as the letter was willing to pay the Tah-bazari agreed to between them. THE plaintiff filed the suit on the 1st of September, 1947. THE defendant resisted the suit by saying that the land in question belonged to the Municipality and that the status of the plaintiff was that of a tenant as well as he was required to pay a sum of Rs. 4/- per month for the land held by him, and that the defendant was within its authority in auctioning the land and letting it out to any other person who was prepared to pay a higher rent therefor. Both lower courts dismissed the plaintiff's suit and this has given rise to the present appeal.