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1956 Supreme(AP) 237

SUBBA RAO
Akram Mea – Appellant
Versus
Secunderabad Municipal Corporation – Respondent


Advocates:
A. Ramaswami Ayyangar and P.L. Gajapathi Rao, for Appellant; K. Ramgopal, for Respondent.

JUDGMENT :- This second appeal is filed against the decree and judgment of the Court of the Dist. Judge, Secunderabad, confirming that of the District Munsiff in a suit filed by the appellant for a declaration of his rights in respect of two mutton stalls and for an injunction restraining the defendant from interfering with his rights.

2. The facts, admitted or found, may be briefly stated. The plaintiff is a butcher carrying on his trade in the mutton stalls owned by the Cantonment authorities in Secunderabad. It appears that in 1929 there was a butchers strike in Secunderabad and, during that period, the plaintiff rendered valuable assistance to the Cantonment authorities. In appreciation of his services, the Cantonment Board passed the following resolution dated 20th August. 1933 :

"Mutton stalls Nos. I and II in the Cantonment General Market to be allotted to Mr. Akram Mia during his lifetime or until he gives notice of vacation subject to the condition that this right is not under-let or transferred."

3. Though the Cantonment authorities held every year a ballot for allotment of stalls, pursuant to the aforesaid resolution, the said stalls were not included in the ballot and the






























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