Case: State of Madras Vs. C.P. Agencies &amp; Another

1. The only controversy arising in this appeal by special leave relates to the validity of a notice of suit given under S. 80 of the Code of Civil Procedure by the plaintiff, which is the first respondent before us, to the first defendant, which is the appellant herein.The very language of S. 80 makes itit has been so held by the Judicial. Committee in Bhagchand Dagdusa v. Secy. of State, 54 Ind App 338: (AIR 1927 PC 176  ) which decision has been adopted by the same tribunal in many later casesthat S. 80 is express, explicit and mandatory and admits of no implications or exceptions.Section 80 peremptorily requires that no suit shall be filed against the Government or a public officer in respect of anything done in his official capacity until after the expiry of two months from the service of a notice in the manner therein prescribed stating the cause of action, the name, description and place of residence of the plaintiff and the reliefs which he claims. There is no dispute that the name, description and place of residence of the plaintiff and the reliefs claimed have been sufficiently stated in the notice. The only question is whether the cause of action has been so stated therein. Both the Courts below have held that it has been done.

Reasoning: Therefore, on a fair reading of the notice it may be said that the fact of the contract for the payment of the godown rent, the quantity of goods stored, the rate at which and the period for which the claim was made and the failure of the first defendant to pay the same are sufficiently stated so as to enable the first defendant, which is the appellant before us, to know what the plaintiffs claim was about and whether the claim should be conceded oris well known that a claim for "rent", in legal parlance, can only be founded on a contract. Throughout this notice the claim is described as "godown rent" and not damages for use and occupation of the godown. Therefore, the claim, prima facie, appears to be founded on a contract.