Kuber Nath Srivastava, J. - (1.) This is an appeal against the judgment and decree passed by the Civil Judge, Budaun, allowing the appeal and setting aside the judgment and decree passed by the Munsif, Budaun. The facts giving rise to this appeal are as follows: There is a piece of land opposite the Collectorate compound which belonged to the Zila Parishad. The plaintiff made an application to the Zila Parishad to let out that land to him for a period of thirty years on an annual rent of Rs. 60/ -. This proposal of the plaintiff was accepted by the Zila Parishad, vide its resolution dated 16 -7 -1960. The plaintiff then plastered the wall and put a tin -shed and got the electric fittings made. Subsequently, the Zila Parishad passed another resolution that the plaintiff was the trespasser and the land should be auctioned to the highest bidder. Thereupon, the plaintiff brought a suit against the Zila Parishad that the Zila Parishad be restrained from interfering with his possession over the disputed land.
(2.) The suit was contested by the Zila Parishad and, inter alia, it was pleaded that the suit was barred by S. 192 of the District Boards Act, and that the resolution which was passed on 16 -7 -1960 agreeing to lease out the land to the plaintiff, could not be enforced because of the want of sanction of the District Magistrate, as required u/Ch. VIII R. 9 of the District Boards Manual.
(3.) The learned Munsif decreed the suit. On appeal, the lower appellate court agreed with the contention of the defendant -respondent and dismissed the suit by allowing the appeal. The plaintiff has, therefore, filed this appeal.;