KASIM ALI Vs. CHAIRMAN OF MUNICIPAL COMMISSIONERS

JUDGEMENT

(1.) The appeal arises out of a suit for an injunction under the following circumstances.

(2.) There is a Municipal ferry, known as the Autimohanied Pathuriaghat ferry, on the Kurufali river in the town of Chittagong. The ferry was let out by the Chittagong Municipality (the defendant No. 1) to certain farmers who are the other defendants in the suit. The plaintiffs, who are boatmen, allege that they and other boatmen and sampanivallas have been from a long time ferrying passengers in their boats between the Autimohanied and Chaklai Ghats on the river Kurufali and the Kalapal and Jimat All s Pole Ghats on the Sikalbaha Canal, which is connected with, and at right angles to, the Kurufali river, and as the said ghats on the Sikalbaha Canal are not within a distance of 2 miles along the banks of the river Kurufali above or below the Municipal ferry, they are entitled to ferry boats. They further allege that after a criminal case in connection with the ferry had been decided by the High Court, the District Magistrate of Chittagong issued an order upon the Autimahomed Ghat ferry-holder prohibiting the levy of tolls on boats coming through Sikalbaha or Boalkhali, but that, notwithstanding such order, the Municipality and the ijaradars have been constantly harassing the boatmen and sampanwallas, including the plaintiffs by bringing criminal cases against them. The plaintiffs, therefore, brought the present suit for an injunction restraining the defendants from opposing or obstructing the plaintiffs, and other boatmen and sampanwallas in carrying passengers to and from the town of Chittagong through the Sikalbaha Canal or levying tolls from them.

(3.) The defence shortly stated was that Kalapole and Jimat Ali s Pole on the Sikalbaha Canal are within two miles of the Municipal ferry station, that the Sikalbaha Canal is a part of the river Kurufali, and that the Municipal Commissioners have every right to prosecute people who infringe the ferry laws by carrying passengers within the ferry limits either within the Sikalbaha Canal or alongside the banks of the river Kurufali.