Madhavan Nair, J.

1. The plaintiff, the Municicipal Council of Dharapuram, is the petitioner. The plaintiffs suit was for the recovery of a sum of Rs. 202-2-0 on the ground that the right to remove the rubbish accumulating within the Municipal limits for the year 1927-28 was put up for auction and that it was purchased by the defendant he being the highest bidder for a sum of Rs. 225. It was stated that a portion of the amount was paid and the balance is due. Various issues were raised in the case. Issue 1 was:

Is the contract on which the suit is based enforceable in view of Section 69, District Municipalities Act?

2. The other issues related to the merits of the case. On this preliminary issue the lower Court found that the contract was void and dismissed the suit. In the course of the judgment the learned District Munsif expressed the opinion that the contract being void the plaintiff is not entitled to relief on the basis of quantum meruit. It was urged before him, having regard to the decision in Municipal Council, Tiruvarur v. Kannustvami Pillai A.I.R. 1930 Mad. 600, that the plaintiff should be giyen a decree on the basis of quantum meruit. But that decision was held in