JUDGMENT:- The question that comes up for consideration in this second appeal is as to whether the plaintiff in O.S. No.548 of 1966 on the file of the District Munsif, Tiruchirapalli, is a cultivating tenant entitled to the benefit of the Madras Cultivating Tenants Protection Act.

2. The respondent herein took on lease from the Srirangam Municipality, the appellant herein, 7 acres of sewage farm in Coleroon road, Vellithirumutham village in 1960 for a period of 3 years in a public auction held for the purpose. The lease was also renewed for a further period of 3 years from 1-4-1963. As the lease in favour of the respondent expired on 31-3-1966, there was a fresh auction for the lease of the sewage farm on 19-3-1966 and one Rahmatullah was the highest bidder for Rs.26001. and the respondent was the next highest bidder for Rs.25716. The municipality passed a resolution on 22-3-1966 accepting the second highest bid of the respondent for Rs.25716 without assigning any reason for rejecting the highest bid of Rupees 26001.

The Collector of Tiruchirapalli acting under Section 34(2) of the Madras District Municipalities Act directed the Commissioner by his Memo dated 22-8-1966 not t