BANSI RAM Vs. COMMISSIONER OF DAUDNAGAR MUNICIPALITY

JUDGEMENT

(1.) This is an appeal by the plaintiffs who are aggrieved by the decision of the appellate Additional District Judge of Gaya, dated 21st August 1947 by which be dismissed their suit which was instituted on 2nd January 1946 for recovery of damages on account of ejectment from a ferry leased to them before the expiry of its term of three years, and also for refund of security.

(2.) It is established that on 1st April 1944, the plaintiffs were granted a lease by the defendants from 1st April 1944 to 3lat March 1947, at the rate of 3,800 per annum to run a ferry. The lease is evidenced by the contract, EX. 1, which contains a number of terms which the plaintiffs had to carry out, and also contains a stipulation that if some or any of the terms are not complied with, the lease will be liable to be forfeited. The allegations of the defendants upon which they cancelled the lease on 13th July 1945, are that the plaintiffs were charging higher rates of tolls, not providing the approach road and not keeping the landing ground of the ghat in order. All these allegations have been found to be established by the Court of fact, and accordingly the appellate Court has dismissed the suit.

(3.) Mr. Rajkishore Prasad argues, in the first place, that the lease could only be cancelled in accordance with the provisions of Sections 13, 24 and 26, Ferries Act, I [1] of 1885. The argument as to the applicability of Section 13 is that the lease of the tolls of a ferry shall be liable to be cancelled at once by the Magistrate of the district only if the lessee has failed to make due provision for the convenience or safety of the public within fifteen days after being required to do so by a notice in writing from such Magistrate. In our opinion, it is unnecessary to consider the correctness of this argument because in the view we take the lease has been rightly determined on account of the finding that the plaintiffs were guilty of charging higher rates of tolls against the stipulation in the lease.