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1927 Supreme(All) 181

DALAL
Aminullah – Appellant
Versus
Emperor – Respondent


ORDER

Dalal, J. - This revision reveals some very high-handed proceedings on the part of the Municipal Board of Cawnpore. The facts are admitted. The applicant Aminullah was allotted one of the plots given to stall-holders along the side of a public road from Collectorganj up to the LaTouch Road crossing. The terms of the lease have not been disclosed to this Court, but taking them to be most favourable to the municipality they may be from month to month, terminable at the end of a month. The municipality passed a resolution that this roadside should not be let out in future to stall-holders and that the present stall-holders should be told to quit. The municipality was entitled to pass such a resolution and it was the duty of its executive officer to give proper notice u/s 111 (h), T.P. Act. The municipality would then have been able, on the expiration of the legal notice, to determine the lease. What the executive officer did was promptly to issue a notice u/s 211 to the lessees to remove themselves, treating the lessees as trespassers making an encroachment on a public road. This practically means, and when brought to the point by the Court Mr. Saila Nath had to admit, that accor

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