MULCHAND BALBADHAR Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) MOHIUDDIN , A.J.C. 1. The applicant Mulchand has been convicted under the Municipalities Act for committing a breach of bye-law 5 (a) under Section 105 (1) (b), Act 16 of 1903, and has been ordered to pay a fine of Rs. 40, by Mr. Todkar, 3rd Class Magistrate, Gondia. He had filed an appeal in the Court of the District Magistrate, Bhandara, who dismissed it on 15th March 1929.

(2.) BYE -law 5 (a) runs as follows: Every person the term of whose lease has expired shall, on the date of the expiry of his lease, at once without notice, vacate the shop, chabutra or stall, or site leased to him, unless the same is again leased to him and he pays the rent in advance as provided in by-law 4 above.

(3.) THE Municipal Committee was entitled to pass the above resolution, but, it was the duty of its executive officer to-give a proper and legal notice, which he failed to do. A lease can only be terminated according to law and it does not come to an end, at the sweet will of the Committee, by passing a resolution. The lease was not for any fixed term and the Committee by accepting rent for the month of July treated the applicant as a leasee from month to month. There has been no breach of the by-law 5 (a) and therefore the conviction is illegal. I set aside the conviction and sentence and direct the fine if recovered to be refunded.