1974 Supreme(Mad) 116
T.RAMAPRASADA RAO, S.NATARAJAN
V. Alagar Thavar – Appellant
Versus
The Madurai Municipality represented by its Executive Authority, the Commissioner – Respondent
Advocates:
R. S. Venkatachari and V. Muthuperumal, for Appellant.
K. Alagiriswami, for Respondent.
Ramaprasada Rao, J.- ‘The Madurai Municipality farmed out its right to collect fees in connection with the weekly shandies and annual cattle fair held within its jurisdiction for the year 1962-63. The auction was held on 6th March, 1962 and the Council of the Madurai Municipality accepted the defendant’s bid of Rs. 70,000 as it was the highest, by its. resolution, dated 16th March, 1962. Admittedly the defendant was put in. possession of the market from 1st April, 1962. The defendant executed the agreement Exhibit A-1 on 7th April, 1962. The period during which the defendant: could remain in the market for purposes of collecting the fees therefrom is admittedly one year commencing from 1st April,. 1962 and ending with 31st March, 1963. For purposes of this case one or two salient clauses of the contract may be referred to. In particular, if the contractor fails to perform or observe any of the covenants in the said agreement it shall be lawful: tor the Municipal Council in addition. to and without prejudice to its other rights and remedies, by notice in writing, to determine the agreement or the contract, and on such determination the licence granted to the defendant shall cease. I
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