JANAPADA SABHA Vs. BHUKHANLAL KALESAR

JUDGEMENT

(1.) THIS is a revision petition by defendants Nos. 1 and 3 against the decree passed in favour of non -applicant No. 1.

(2.) NON -applicant No. 1 was entrusted to collect market dues of the village Mallar within the jurisdiction of the Gram Panchayat. The period of lease in his favour was for the period from 1st April 1956 to 31st March 1957 for a consideration of Rs. 1,275. It was his case that this market was kept closed on the orders of applicant No. 2 from 1 -6 -1956 to 14 -8 -1956 as a result of which he suffered damages of Rs. 40 per day. Applicant No. 1 as defendant No. 1 disclaimed any liability on the ground that the Gram Panchayat non -applicant No. 2 (defendant No. 2) was a body absolutely independent and, therefore, there would be no vicarious liability on it.

(3.) IN this revision petition two points were urged; that Janapada Sabha (applicant No. 1) could not be held vicariously liable and applicant No. 2 representing the Gram Panchayat could lawfully stop holding of the market in exercise of the powers conferred under section 30(vii) of the C.P. and Berar Panchayats Act of 1946.