STATE OF UTTAR PRADESH Vs. SATYA NARAIN PRASAD

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court of Judicature at Allahabad in Second Appeal No. 81 of 1957, whereby the High Court (S. N. Katju, J.) allowed the appeal, set aside the decree of the court below and decreed the suit in terms of the decree passed by the Trial Court.

(2.) A very short point arises in this appeal and this is whether the notice dated July 22, 1953, which we will reproduce presently, was in compliance with the provisions of Section 10 of the Northern India Ferries Act, 1878-hereinafter referred to as the Act.

(3.) In order to appreciate the points raised before us it is necessary to give a few facts. Satya Narain Prasad, respondent before us, was granted a lease of Qazi Tolla Ferry for the three years on October 18, 1951. The agreed rent was Rs. 46,500/-. Before the date of the expiry of the lease, G. D. Mathur, Executive Engineer, Banaras Provisional Division, gave a notice to the respondent, dated July 22, 1953, in the following terms: