PYARI MOHAN KUNDOO Vs. BEJOY SINGH CHOPRA

JUDGEMENT

(1.) This is an application for leave to appeal to the Federal Court from a decree of this Court made in a second appeal. The case was heard at first instance by the Subordinate Judge, First Court, Faridpur, who dismissed the plaintiffs suit. On appeal this decision was reversed by the Additional District Judge of Faridpur. In second appeal to this Court the decree of the learned Additional District Judge was set aside and the decree of the learned Subordinate Judge restored.

(2.) The present application was filed on 17 November 1947 which was the day upon which this Court re-opened after the long vacation. The application was for leave to appeal to the Privy Council, but since the recent legislation, Act 1 [I] of 1948, the application must now be treated as an application for leave to appeal to the Federal Court.

(3.) The suit giving rise to these proceedings was brought by the plaintiffs for the recovery of a sum of Rs. 2500 which the plaintiffs claimed to be payable to them as market tolls on jute which Beparis bad sold to the defendant between Asar 1343 and Baisakh 1844, on land within the village of Khankhanapur in the Faridpur Collectorate. As I have stated, the learned Subordinate Judge dismissed the claim in its entirety, but the learned Additional District Judge set aside that decree and decreed the plaintiffs claim for Rs. 2040. That decree in its turn was set aside by this Court which dismissed the claim.