JUDGMENT

1. This is a defendant's appeal arising out of a suit in which the plaintiff, Sardar Sukha Singh, prayed for a declaration that a special resolution passed by the Municipal Board of Shahjahanpur was illegal and ultra vires and also for arrears of salary. The plaintiff alleged that he had been in the service of the defendant Board for 12 years, that he had been appointed Secretary to the Board u/s 66, U.P. Municipalities Act of 1916, on 1st November 1917, and that he was Confirmed in the appointment as permanent Secretary on 8th November 1918. The plaintiff further averred that at a meeting of the Board held in contravention of the rules and regulations of the Board, on 3Obh November 1930, the Board had passed a resolution to the effect that his services had been dispensed with from that date and that the resolution was illegal and ultra vires. It is alleged also in the plaint that the plaintiff was discharged in order to make provision for the permanent employment of one Munshi Mohsin Ali Khan, a close relation of the Chairman of the Board who had been appointed to the newly created post of-executive officer.

2. In the written statement the Board averred that the resolution