LAWS(PVC)-1922-2-180

SHAMA DURGAJI BHOI Vs. GANGADHAR NARAYAN MUZUMDAR

Decided On February 07, 1922
SHAMA DURGAJI BHOI Appellant
V/S
GANGADHAR NARAYAN MUZUMDAR Respondents

JUDGEMENT

(1.) The plaintiffs sued for a declaration that they alone had a right to ply a ferry between the village of Bhopkhel and Kirkee Bazar, and for an injunction restraining the defendant from plying a ferry between Bhopkhel and Kirkee Bazar. The river Mula runs between these two villages, and until a dam was built in 1872 people were able to cross the river except in the rainy season. That has no longer been possible since the building of the dam. The plaintiffs who are Inamdars of the village of Bhopkhel then began to run a ferry to take people across, and they were receiving the income from the ferry until 1915 when the first defendant began to run a rival ferry under the permission grunted by the Superintendent of the Ammunition Factory, ratified by the Collector.

(2.) When the plaintiffs objected to the first defendant's plying his ferry, an order was passed by the Collector as follows:- In this Office No. L.F. 1/853-3 of 25 March 1916 Shama Durgaji Bhoi of Kirkee was informed that the Collector has no objection to Shama plying his ferry between Kirkee and Kalas. The Collector now understands from an application from the Inamdar of Bopkhel that Shama is working his ferry boat between Kirkee and Bopkhel Shama is therefore informed that he is not entitled to run a ferry between Kirkee and Bopkhel without the permission of the Inamdar of Bopkhel.

(3.) Exhibit 22 is the application of the first defendant to the Collector from which it would appear that the limits within which he wished to ply his boat were not definitely stated. The applicant said: There is a dam of the river Mula within the limit of the Superintendent of the Ammunition Factory at Kirkee, and he has sanctioned the plying of a boat to convey workmen in the factory. Therefore, I have bought a boat worth Rs. 400. Within the said limit, I have been plying a boat for these four 4 or five months. Hence, I have given a written statement in the office of the Mamlatdar, Haveli, Poona. Your Honour should allow me to ply a boat in the aforesaid limit.