CHAIRMAN, SOUTH BARRACKPORE MUNICIPALITY Vs. AMULYA NATH CHATTERJEE

JUDGEMENT

(1.) This is an appeal against a decision of the Subordinate Judge, Second Court, Alipore, dated the 13 June 1905.

(2.) The appeal arises out of a suit brought by the South Barrackpore Municipality against the defendant Amulya Nath Chatterjee to set aside a permanent maurasi mokurrari lease granted on the 22 March, 1902 by the latter to the former in respect of 35 bighas, 15 cottahs of land. The Municipality had to pay a salami of Rs. 357 8 annas to the defendant and the rent reserved was one rupee per bigha per month. The Municipality in this suit prayed for cancellation of this lease; but the suit was dismissed by the Subordinate Judge.

(3.) The Municipality now appeal, and on their behalf it is contended, first, that the lease entered into by them with the defendant was ultra vires; secondly, that it binds the executing persons, but not the rate-payers; thirdly, that it is a contract entered into in fraud of the Bengal Municipal Act fourthly, that it was not duly executed; fifthly, that it was illegal, because the Commissioners had no power to enter into any such contract without budgetting for it and obtaining the sanction of the higher Authorities; sixthly, that the defendant had no permanent right to convey to the Municipality, but only a temporary right; and seventhly that the higher authorities refused to sanction the expenses incurred in the transaction and declared all such expenses to have been illegally incurred and the transaction void.