1. This second appeal arises out of a suit instituted by Putlibai appellant against (1) Municipal Corporation Gwalior and (2) Ramcharan respondent, alleging that her husband Tejumal was the tenant of the Municipal Corporation in respect of a stall No. 95 with its appertunent open space 6' x 3' in the Victoria Market Lashkar. But the corporation unauthorisedly and without notice to her auctioned the stall on 31-5-60 in favour of Ram Charan. She gave a notice to the Corporation on 1-6-60 and instituted this suit on 30-7-60. In the meantime, on 29-7-60 the defendants threatened and attempted to dispossess her. The suit was dismissed by the trial Judge for want of notice to the Municipal Corporation as required by section 401 of the M. B. Municipal Corporation Act No. 23 of 1956. The plaintiff's appeal has been dismissed by the Second Additional District Judge, Gwalior.

2. Defects pointed out by the Courts below in the notice dated 1-6-60 are two: (1) That it was addressed to the Municipal Commissioner and not b the Municipal Corporation; (2) That in respect of the cause of action which arose on 29-7-60 no separate notice was given and it could not have been mentioned in the not