CHANDRA BALI PRASAD Vs. REX

JUDGEMENT

(1.) This is an application in revision by four persons, Kunwar Chandra Bali Praaad, Kunwar Ambika Prasad, Kunwar Madho Ram and Kunwar Raghuraj Prasad who have been convicted under Section 23, Northern India Ferries Act, and sentenced to pay a fine of Rs. 40/- each.

(2.) The facts are that there exists a ferry known as Aira Ferry in the district of Kheri. This is used by persons desirous of crossing the river Drra. Formerly the river Urra flowed through the portions of village Aira and Nawapur. Now, however, by a change in its course the river flows only through village Nawapur. Mansadin, contractor who obtained the contract for Aira Ferry from the Aira Estate, continued to ply this ferry and used the land of village Nawapur on both banks of the river Urra for the purposes of the ferry. A suit was consequently brought against him and others in the civil Court, claiming possession of the land in village Nawapur, for mesne profits and an injunction directing Mansadin not to ply the ferry. On 30-9-1946, the claim was decreed but, an appeal having been filed in the Chief Court, proceedings in execution of the decree were stayed.

(3.) On 1-11-1946, the applicants, who are the proprietors of village Nawapur, started plying their own boat alongside the boat of Masadin, consequently Mansadin filed a complaint against them in the Court of the Sub-Divisional Magistrate, Nighawan in the district of Kheri, in which after giving the facts he prayed that the present applicants and one other, namely, Kunwar Har Nandan Prasad, who is now dead, should be punished for having infringed the provisions of Section 13, Northern India Ferries Act.