| Citation(s) |
|---|
| 1949 SLG 82 1949 SLD 82 1949 PLD 1 |
Sindh High Court
First appeal No. 19 of 1942, decision dated: 25-09-1947, from the decree of Sub-Judge, 1st Class, Hyderabad, dated 31st January, 1942
TYABJI, C.J. AND MEHER, J.
Fateh,Chand Assudomal for Appellants. E. V. Castellino for
Respondents
First appeal No. 19 of 1942, decision dated: 25-09-1947, from the decree of Sub-Judge, 1st Class, Hyderabad, dated 31st January, 1942
TYABJI, C.J. AND MEHER, J.
Fateh,Chand Assudomal for Appellants. E. V. Castellino for
Respondents
GOPAL DAS JETHMAL and others
VS
The MUNICIPALITY, HYDERABAD (SIND)
Law:
Section:
(a) Contract Act (IX of 1872), S. 73----Interest on sum claimed---Deposit wrongly forfeited must be paid back in cash or otherwise. After this deposit was forfeited, it had to be credited to the appellant when damages were computed. Interest (on sum found due) can be allowed only if it was payable under the terms of the contract. A I R 19!6 Sind 4 Relied on. (b) Registration Act (1908), Ss. 2 (6), (7) and 17 (d)--Lease or licence-Municipality granting right to collect fees-Grant held was only a licence and not a lease-It did not require registration. The possession and control of the slaughterhouse remained with the respondent Municipality. The agreement in this case did not effect a demise of the slaughterhouse. but gave appellant, a right to collect fees recovered from butchers at the slaughterhouse and an implied right to use the slaughterhouse for that purpose. There is nothing in- the agreement to show that the relationship between landlord and tenant was created or that possession of any kind and much less inclusive possession of the building was to be given to appellant. 'We are of the view that the contract in this case was only a licence and not a lease of immovable property. The document, therefore, did not require registration. 1938 Mad. 746 dissented, 1940 Boni. 369 relied on. 27 All. 462 distinguished, 1923 B 228 ; 1925 M 434; (1863) 21 and C 121 & (1904) 1 K. B. 713 referred. Meher ,j.---- This is an appeal from a judgment and decree passed against the two appellants by the First Class Sub-Judge, Hyderabad, awarding Rs. 7509-12-9 as damages for breach of a contract. Under the contract appellant I had the right to collect fees in the slaughter-houses at Hyderabad for three years from 1st April 1936, and appellant I had to pay annually Rs. 7,705 in four quarterly instalments, to the respondent. Appellant 1 became very irregular in the payment of the instalment; seed the Standing Committee of the respondent Municipality of Hyderabad, on the recommendation of its Chief Officer, cancelled the contract on 30th November 1937, and directed the Chief Officer to arrange for the o4eotiotr of the fees departmentally. The Chief Officer thereafter…
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