JUDGMENT

1. This case is on all fours with Raman Chetty v. Municipal Council of Kumbakonam 30 M. 290 : M.L.T. 294 with which we agree. We mast, therefore, hold that the contract between the Municipality and the defendant, not being in accordance with the provisions of Section 45 of Act IV of 1884, the suit is not maintainable, and that the defendants' enjoyment of the benefit of the contract for three months does not affect the applicability of the section.

2. The petition is dismissed.