Delhi Court February 1974 Judgments

Memoona Bi Vs. Municipal Corporation

Court: Delhi

Reported in: 1974RLR198

H.L. Anand, J.(1) [ON 7-11-58, the D.D.A. seat notice to appellant saying that her property had become unfit for habitation and she should carry out necessary repairs. She replied that she had applied for sanction of Corporation. Latter informed her in 1959 that sanction for repairs was not necessary. Nothing was done until 1962 and the Corporation did the said repairs and demanded the expenses from the appellant. She sued the Corporation claiming that expenses could not be claimed without reference and determination by the District Judge. The defense was that suit was barred by S. 30 of Slum Areas Act and also for want of notice U/S 478(1) of Municipal Act. Trial Court and 1st appellate court dismissed the suit and appellant filed 2nd appeal in High Court.] Para 7 onwards judgment is :- (2) The first question raised on behalf of the appellant was that the decision of the Courts below, to the effect that the suit of the appellant was not maintainable in the absence of a notice under Se...