Decided on April 10,1952

Corporation Of Madras By Its Commissioner Appellant
A.D.Charles Respondents


RAMASWAMI, J. - (1.) THIS is an appeal preferred against the decree and judgment of the learned City Civil Judge of Madras in O. S. 784 of 1949.
(2.) THE facts are : In the city of Madras there is a well known club known as the Madras club extensively patronised by Europeans, consisting of about 400 members. This club is governed by its own byelaws and administered by a Committee. Among the amenities provided by the club is provision for food and lodging in the manner stated in the bye -laws and on payment of charges specified by the appropriate authorities of the club. Food - -breakfast, lunch and dinner - - is supplied only to members of the Club. They are free, however, to introduce guests, provided they are over 21 years of age and are of accepted social standing. The wife of a member may, as his guest, stay or take food in the Club even when he is himself not present, but, otherwise, no guest is served with food except in the company of the member who introduces him. No payment is accepted from the guest; he is merely entertained by the member who is charged for the food served to him and the guest. No stranger is served with food in the club. Food is prepared in the Club out of the materials purchased out of the general funds of the Club. The charges paid by members for the supply of food are, in turn, credited to the general funds. In these circumstances the Corporation of Madras directed this Club to take out a licence under Section 279, Madras City Municipal Act on the foot that it comes within one of the three categories of institutions contemplated by Section 279.
(3.) THE learned City Civil Judge came to the conclusion that this Madras Club did not fall within the ambit of Section 279 and therefore need not take out licence and decreed the suit of the club. Hence this appeal by the defeated Madras Corporation.;

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