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Jhunwa and ors. Vs. the Municipal Board of Dhampur - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad
Decided On
Judge
Reported inAIR1923All179; (1923)ILR45All267
AppellantJhunwa and ors.
RespondentThe Municipal Board of Dhampur
Excerpt:
act (local) no. ii of 1916 (united provinces municipalities act), section 326 - lease of right to collect carcases of dead animals within municipal limits--rigid conferred not one relating to immovable property--suit to declare lease, invalid--limitation. - - 4. it has been brought to our notice that there is a deficiency of court fees in the appeal of the municipal board filed in the lower court, which should be made good here. the decree of this court shall not be prepared until this deficiency is made good by the municipal board......of 1921, are connected and arise out of one suit brought by the plaintiffs appellants against the municipal board of dhampur and the lessee from the board, for a declaration that the plaintiffs appellants were entitled to collect the carcases of dead animals within the municipal board of dhampur and that the lease granted by the municipal board to buddhan was invalid and inoperative against the plaintiffs and should be cancelled. they further asked-for damages and a perpetual injunction against the board preventing them from issuing any fresh leases.2. the learned munsif decreed the suit.3. on appeal the learned district judge dismissed the suit on the ground that it was barred by limitation under section 326 of the municipalities act. there were two appeals before the learned district.....
Judgment:

Muhammad Rafiq and Stuart, JJ.

1. The two appeals, Nos. 1625 of 1920 and 32 of 1921, are connected and arise out of one suit brought by the plaintiffs appellants against the Municipal Board of Dhampur and the lessee from the Board, for a declaration that the plaintiffs appellants were entitled to collect the carcases of dead animals within the Municipal Board of Dhampur and that the lease granted by the Municipal Board to Buddhan was invalid and inoperative against the plaintiffs and should be cancelled. They further asked-for damages and a perpetual injunction against the Board preventing them from issuing any fresh leases.

2. The learned Munsif decreed the suit.

3. On appeal the learned District Judge dismissed the suit on the ground that it was barred by limitation under Section 326 of the Municipalities Act. There were two appeals before the learned District Judge as the Municipal Board and the lessee had filed separate appeals. Both the appeals were decreed by the (earned District Judge and the plaintiffs have, therefore, preferred these two connected appeals. The point raised in both of them is the same, namely, that Section 326 of the Municipalities Act 'does not apply to the case of the plaintiffs. The contention is that the right to collect the carcases within the Municipal bounds of Dhampur is a right relating to immovable property, while the provisions of Section 326 with regard to six month a limitation, apply to other actions than those relating to immovable property or any title to immovable property The learned vakil for the plaintiffs appellants contends that as soon an an animal dies and its carcase falls to the ground, the right to collect that carcase from the ground is a right relating to immovable property. We are unable to agree with his contention. The mere fact of the carcase being on the ground and being collected from the ground would not show that it is attached to the soil, or the right to collect the carcase is a right appertaining to immovable property. In our opinion the claim of the plaintiffs appellants was rightly dismissed as barred under Section 326 of the Municipalities Act. The appeal, therefore, fails and is dismissed with costs.

4. It has been brought to our notice that there is a deficiency of court fees in the appeal of the Municipal Board filed in the lower court, which should be made good here. The decree of this Court shall not be prepared until this deficiency is made good by the Municipal Board. It will then be recoverable as costs from the opposite party.


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