BHIMJI N DALAL Vs. BBAND CIRAILWAY CO

JUDGEMENT

(1.) The B.B. & C.I. Railway Co., hereinafter called the Company, took out a summons in the Court of Small Causes at Bombay against the defendant to answer in an action for debt-damages according to the following particulars of demand. Amount of fares and excess charges due and payable by you according to law, you having, travelled on the plaintiff company's railway between Church Gate and Malad and vice versa everyday by first class from February 26, 1924, to April 1, 1924, (as per statement and particulars annexed) without having with you a proper pass or ticket during the said period for the said journeys as required by law.

(2.) Rupees 342, the amount claimed, represented first class fare for Rs. 171, and excess charges for a like amount. The suit was tried by the Fourth Judge who dismissed it with costs.

(3.) The Full Court on a rule being granted to set aside the order of dismissal and to pass a decree for the Company made the rule absolute and passed a decree for Rs. 338 and costs.