RAMDHARI SINGH Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal from the judgment and decree of the Additional District Judge, U. A. D., by which an order of the Subordinate Judge, Cachar, granting the plaintiff a decree for Rs. 1,305 with proportionate costs, was reversed and plaintiff's suit dismissed.

(2.) THE plaintiff's case, shortly stated, was that he was a lessee of what is known as the Katakhal Ferry. According to him, it was a public ferry under the control of the P.W. D. and it was leased to him under the terms of a deed of lease (Ex. 1). According to the terms of the lease, the plaintiff was to ply one big marboat for crossing vehicular traffic and one small boat for crossing passengers. The agreement was for a period commencing from 1 -3 -1943 and ending on 31 -3 -1944. It was War period, and there was unexpected increase in Military traffic; in consequence, the use of another big marboat on that ferry was found necessary in order to avoid delays. The S. D. O. and the Overseer, P.W. D., supplied the plaintiff with another big marboat, and under their directions the plaintiff -appellant engaged certain additional boatmen for plying the additional marboat on the assurance given both by the S. D. O. and the Overseer that the additional expenditure incurred by him in plying the 2nd marboat would be paid to him on his submitting bills.

(3.) ON behalf of the plaintiff -appellant, it is urged that S. 34, Northern India Ferries Act, does not at all oust the jurisdiction of the civil Court in this case. This contention, in my opinion, is well founded. Section 34, Northern India Ferries Act, provides that :