LAWS(HPH)-1957-5-3

MANDI TRANSPORT CO. LTD. Vs. HIMACHAL PRADESH ADMINISTRATION

Decided On May 29, 1957
Mandi Transport Co. Ltd. Appellant
V/S
HIMACHAL PRADESH ADMINISTRATION Respondents

JUDGEMENT

(1.) THIS is a plaintiffs' appeal against the judgment and decree of the learned District Judge of Mandi in Civil Suit No. 1 of 1952. It arises under the following circumstances: The plaintiffs, the Mandi Transport Company Limited, were incorporated in the erstwhile Mandi State, in 1939. It possessed 27 motor vehicles and it was running passenger and goods services on different routes in Mandi State.

(2.) THE plaintiffs' case was that the requisition orders were illegal and ultra vires and the daily hire of Rs. 10/ per vehicle was unduly low. According to them, the daily hire should have been, at least, Rs. 20/ per vehicle. The plaintiffs also claimed compensation, because, as a result of the requisitioning order, their route permits were cancelled and their business came to a standstill.

(3.) IN all, the plaintiffs claimed a total sum of Rs. 87,589/7/ from the defendants.