RABIABIBI Vs. GANGADHAR VISHNU PURANIK

JUDGEMENT

(1.) This case is covered by the decision in Ismalji Yusufalli V/s. Raghunath Lachiram (1909) I.L.R. 33. Bom. 636 : 11 Bom. L.R. 748, in which the facts were similar to the facts in this case. The licensee Yusufally, who held his lease to certain salt pans on condition that he should not sub-let without the written permission of the Collector, sub-let them to the respondents without getting such permission. Then Yusufally having died, his son obtained a fresh license from Government. The respondent obtained a fresh sub-lease on the same terms as those contained in the sub-lease obtained from Yusufally, but no permission had been obtained from the Collector. It was urged in second appeal that the appellant manufactured salt not only under the sub-lease but also under the power-of-attorney by the appellant. The Court held that there was no evidence in support of that.

(2.) Chandavarkar Acting C.J. said at page 643 :- The real object and necessary effect of the agreement between the appellant and the respondent was to enable the latter to manufacture sale without a license in the guise of a sub-lease, although that was forbidden by law and by the terms of the license.

(3.) Mr. Justice Heaton said:- The question, therefore, is whether the object of the agreement is forbidden by law within the meaning of Section 25 of the Contract Act. It seems to me that it is, for the object was to enable the plaintiff to manufacture salt without a license, and the law says that no salt shall be manufactured otherwise than by the authority of a license granted by the Collector.