26 dated April 8, 1950, Ex.
He also admitted that he had deposited Rs.
The defendant had to deposit 1/4th of the bid on April 8, 1950.
At ,the time of the auction sale a meeting of the Board was also held in which the auction aforesaid was companyfirmed under Resolution No.
But he ,alleged that the plaintiff had companymitted various breaches of the companytract in companytravention of the rules, companytract and the bye laws as a result of which the defendant Suffered a loss of Rs.
53,025/ .
It appears that an argument was raised before the Trial Court regarding s. 97.
The Trial Court observed On the basis of this decision A.W.R. 1951 page 560 , it was urged on behalf of the defendant that it was necessary in the present case that a written companytract should have been obtained by the plaintiff under section 97 of the Municipalities Act In a public auction, the various bidders give their bids which may be called offers and the moment the auctioneer knocks the hammer down at a particular bid, that bid is to be taken as accepted between the parties.
Appeal by special leave from the judgment and order dated March 15, 1965 of the Allahabad High Court in First Appeal No.
As the defendant failed to deposit the amount of the second instalment and execute the agreement, the plaintiff cancelled the theka of the defendant and began to companylect tahbazari dues through its own staff and re auctioned the theka on July 3, 1950.
40,000/ subject to the companyfirmation by the Board.
53,025/ which was accepted.
Auction held before the Board.
13,256/4/ .
9,685/ .
During the auction, at the request of the bidders, the Board unanimously, passed the following amendment in the terms of auction One fourth of the auction money will be deposited at the fall of hammer and the remaining amount in three equal instalments at the interval of two months each 1st instalment today 8 4 50 2nd instalment on 8 6 50 3rd instalment on 8 8 50 4th instalment on 8 10 50 Auction sanction to the highest bidder Shri B.C. Mohindra for Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
9 4 50 to 31 3 51.
He failed to deposit this instalment on April 8, 1950, but on April 10, 1950, he deposited the instalment and took charge of the mandi aforesaid and began to companylect tahbazari dues.
After taking into account the money received from the re auction on July 3, 1950, and the money deposited by the defendant, according to the plaintiff there was a shortage of Rs.
CI/69 18 dated April 8, 1950, was passed on that day, which reads as follows Auction of the tehbazari companytract of Mandi Mazabar Gunj for the year 1950 51 Boards Reso.
The Board did number companyfirm the auction sale, and on April 8, 1960, the tahbazari was re auctioned.
12,044/ 19 and future interest upto the date of realisation from B.C. Mohindra, appellant before us and hereinafter referred to as the defendant.
The defendant was asked to execute and companyplete an agreement in favour of the plaintiff according to the companyditions and the rules but he companytinued to put off the matter.
The defendant bid Rs.
431 dated 30 3 50 .
1036 of 1966.
Garg, D.K. Agarwal and M.V. Goswami, for the respondent.
In brief, the case of the plaintiff was that there was an auction on March 29, 1960, of the theka for companylecting tahbazari dues of the mandi in Mazahir Gang alias Ganj Jadid, Saharanpur, for one year from April 1, 1950 to March 31, 1951, subject to the companyditions of sale entered in the amended sale proclamation.
268 of 1963.
Chairman Finance Committee to please deliver the possession and to decide the disputes, if any.
The Judgment of the Court was delivered by Sikri, J. This is an appeal by special leave, and while granting it this Court companyfined it only to the point arising under s. 97 of the U.P. Municipalities Act, 1916 hereinafter referred to as the Act The facts relevant to the point are as follows The Municipal Board, Saharanpur, respondent before us and hereinafter referred to as the plaintiff brought a suit for the recovery of Rs.
The defendant bid Rs.
B. Agarwala and K.P. Gupta, for the appellant.
12,044/ 19.
Terms of auction, were announced.
53,025/ w.e.f.
The original proceedings book was produced before the Trial Court and it was proved by Ram Swarup, clerk.
26 dated April 8, 1950, in the presence of the defendant, and only the companydition relating to the payment of auction money was amended to provide for payment in four installments.
