GOPAL LAL Vs. MUNICIPAL COUNCIL, UDAIPUR

JUDGEMENT

(1.) The appellant/plaintiff, a licensee of a shop allotted to him by the Municipal Council, Udaipur, has filed the present second appeal under Sec. 100 of CPC, 1908, having concurrently lost the legal battle before the courts below, assailing the judgment and decree dated 04.01.1999 passed by learned Addl. District Judge No. 1, Udaipur, in Civil Appeal No. 32/1998 - Gopal Lal Vs. Municipal Council, Udaipur, whereby the learned first appellate court has dismissed the appeal while affirming the judgment and decree dated 20.05.1998 passed by learned Addl. Civil Judge (Jr. Division) No. 1, Udaipur, in Civil Original Suit No. 160/1995 -Gopal Lal Vs. Municipal Council, Udaipur, whereby the suit filed by the appellant/plaintiff for injunction against the defendant, Municipal Council, Udaipur not to increase the rent of Rs. 210/ - per month for the suit Shop No. 10 situated at Chetak Circle, Udaipur (a prominent and busy business place of Udaipur) was dismissed.

(2.) The appellant/plaintiff, Gopal Lal, had filed a suit seeking injunction against the defendant/respondent Municipal Council, Udaipur, not to increase the rent of Rs. 210/ - per month for the suit shop, which was given on licence to the appellant/plaintiff on 21.1.1977 @ Rs. 210/ - per month. A Circular dated 10.08.1983 came to be issued by the State Government in exercise of powers under Sec. 138 of the Rajasthan Municipalities Act, 1959, authorizing the Municipal Council to charge a fees for such licence or permission a higher fees, as may be fixed by the State Government and the State Government notified for a 10% increase in licence fees for every year.

(3.) The contention raised by the learned counsel for the appellant/plaintiff before the courts below, where the plaintiff/appellant lost the legal battle, was that it was a case of 'lease' and not' licence' and, therefore, in view of Full Bench decision of this Court in the case of State of Rajasthan Vs. Municipal Council, Hanumangarh & Ors. reported in, 2003 (2) RLW Raj. 833, the Municipal Council, Udaipur had no right to increase the rent @ 10% per annum. These contentions were refuted by the defendant and the suit was rejected by both the courts below.