Supreme Court of India · 1972-12-06
BADRILAL vs MUNICIPAL CORPORATION OF INDORE
- Citation / case number
- SC 1967/420
- Court
- Supreme Court of India
- Petitioner
- BADRILAL
- Respondent
- MUNICIPAL CORPORATION OF INDORE
- Author
- A. ALAGIRISWAMI
- Bench
- A. ALAGIRISWAMI
Judgment text excerpt
The Supreme Court held that no contract was concluded between the appellant and the respondent-Corporation under Section 80 of the Madhya Pradesh Municipal Corporation Act, as the Commissioner lacked authority to enter into a contract without municipal council sanction. The Court ruled that the appellant, having failed to comply with the terms of the resolution and only making a counter-offer, could not be considered a tenant holding over but rather a tenant by sufferance, thus negating the need for notice prior to eviction. The appeal was dismissed, affirming the High Court's decree in favor of the Corporation.