BHOLA NATH-SHANKAR DAS Vs. LACHMI NARAIN

JUDGEMENT

(1.) This is an appeal by the plaintiffs from the decree of the learned District Judge of Farrukhabad, reversing the decision of the Subordinate Judge of the same district in a suit in which the following reliefs were claimed: (a) It may be declared that the committee of the defendants is unlawful according to law. The principle on which they are working is against law and no British subject is bound by it nor are they competent to offer obstruction in the business of the plaintiffs. (b) A perpetual injunction may be issued to the defendants restraining them from doing the acts mentioned in para. 3 of the petition of plaint; and (c) Rs. 1,000 as damages caused to the plaintiffs from the acts of the defendants may be awarded from the defendants.

(2.) Plaintiffs are members of a firm of commission agents who carry on business at Fatehgarh under the name and style of Bhola Nath-Shankar Das, The defendants are 17 in number and are members of an association unincorporated and unregistered, which is located in Lindsayganj market at Farrukhabad and is called Anaj Behohar Sabha. It is said that this case is an instance in point of trade union outrages; and although the association has no legal recognition as a jural unit, its number and the compact of its members give weight to its concerted action and are according to the plaintiffs a source of danger to the public. The plaintiffs do not attribute unlawfulness to the association merely on the score that it is an unregistered body but they stoutly contend that its objects and methods are unlawful, the chief object of the association being to corner a monopoly and to drive out all rivals from the field by resource to unfair competition.

(3.) The heads of charges enumerated in para. 3 of the plaint are as follows: (1) That no one can open a shop in Bazar Lindsayganj without the permission of this committee. (2) The permission for opening a shop is given in the month of Kuar and Phagun. (3) If anyone carries on business or opens a shop without the permission of the committee, no one can sell goods to him or purchase goods from him. (4) If anyone who has not opened a shop wants to purchase goods direct. he cannot do so without the medium of any such shop-keeper whom the committee might have permitted to open a shop. (5) That weighmen who have obtained a license from the Municipal Board and who are themselves the owners of the phars (the open space in front of each shop) or who have taken phars on rent cannot sell the goods to or weigh the goods of the persons not permitted by the committee to make the purchase. (6) If any weighman or shopkeeper sells goods to or purchases from any such person not allowed by the committee, then penal orders are pissed against him, such as fine, suspension of all business and purchase and sale.