MD. SAYED ALI Vs. BIMAL CHANDRA KARMAKAR

JUDGEMENT

(1.) The defendant Md. Sayed Ali of the Title Suit No. 5/1989 of the Court of District Judge, Goalpara has impugned the order dated 7.3.1989 whereby the District Judge granted ad-interim injunction restraining the defendant of the suit from interfering the plaintiff-respondent's right to run the Jaleswar Dhubri Launch (Engine Fitted) Ferry.

(2.) The plaintiff-respondent got settlement of Jaleswar-Dhubri Launch (Engine Fitted) Ferry from Mahakuma Parishad for the year 1988-89 ending on 30th June, 1989 at Rs. 16,000.00. The plaintiff was running the Ferry under the lease. But the Mahakuma Parishad cancelled the lease of the plaintiff on 17.2.1989 on the grounds :

(3.) The plaintiff-respondent had instituted the suit stating that he deposited Rs. 8,000.00 at a time immediately with the grant of settlement/lease and deposited the lease value (agreement fees) of Rs.595.10 P. and he also deposited the 2nd kist of Rs.4,000.00 on 21.11.1988, but when he approached to deposit the 3rd kist on 24.2.1989, he could know that the settlement/lease of the Ferry was cancelled on 17.1.1989 for the grounds stated above and it was settled with the defendant No.3. Relief claimed in the suit are:-