MATHAI Vs. AIPPU YOJAKKU

JUDGEMENT

(1.) THE only question arising in this revision petition which is filed by the defendant against the decree in a Small Cause Suit for prize money in a chitty is whether his default in obtaining a licence to conduct the chitty under S. 7 of the Travancore Chitties Act, XXVI of 1120 will secure him immunity from liability to pay.

(2.) THERE are two sections, Nos. 6 and 7 in the said Act relating to the conduct of chitties. They read as follows: "6. [1] No chitty shall, after the commencement of this Act, be conducted unless it is registered in accordance with the provisions of this Act. [2] Whoever contravenes the provisions of Sub- s. [1] shall be liable to a fine which may extend to five hundred rupees. 7. [1] Notwithstanding anything contained in S. 6, the provisions of this Act shall not apply to a chitty if the chitty amount or the value thereof is less than one hundred rupees: Provided however, that no person shall conduct such a chitty, without taking a license in such manner and subject to such conditions as may be prescribed by Our Government. [2] Whoever conducts a chitty of the class specified in sub- s. [1] without taking a license as provided there in or violates any of the conditions of the license shall be liable to a fine which may extend to fifty rupees. " S. 6 by Clause. (1) prohibits the conduct of chitties and by Clause. (2 ) penalises the contravention of Clause. (1 ). The next section by Clause. (1) saves chitties of less than one hundred rupees in value from the operation of the earlier section, but provides for a license being taken by the foreman for their conduct and by Clause. (2) imposes a penalty upon the foreman if he conducts a chitty without a license or violates the conditions of a license if taken.

(3.) IN the 7th edition of Pollock and Mulla's INdian Contract Act, edited by Sir Maurice Gwyer , occurs the following passage at page 138, under the heading "forbidden by law", under S. 23: "the decision may turn on the construction of the agreement itself, or on the terms of the Act or other authoritative document in question, or on both. IN particular it may have to be considered whether the intention of the legislator was to prevent certain things from being done, or only to lay down terms and conditions on which they might be done. " IN the former class of cases the transactions would be forbidden by law but not in the latter class of cases. The present case falls under the latter category as obviously the intention of the Legislature is only to make license a condition for conducting the chitty.