Law: Northern India Ferries Act, (XVII of 1878)

Section: 9

Northern India Ferries Act, (XVII of 1878)----- -----S. 9--­Whether inapplicable to tolls recoverable from lessees of the District Board. Section 9 of the Northern India Ferries Act (XVII of 1878) is applicable to arrears due from the lessee of the tolls irres­pective of whether the superintendence or management of the ferry vests in the District Magistrate or in some other officer appointed by the Provincial Government or in the District Board. Therefore, arrears of tolls recoverable from a lessee under the District Board can be recovered by the Magistrate of the District as if they were arrears of land revenue. JUDGMENT MUHAMMAD MUNIR, C. J.-This is a certified appeal under clause 10 of the Letters Patent from the judgment of a learned judge of this Court. The appellant is the District Board of Montgomery, one of the two defendants to a suit instituted by respondent Abdullah for a declaration that the warrant issued against him by the District Magistrate, Montgo­mery, for the recovery of certain arrears under section 9 of the Northern India Ferries Act, XVII of 1878, could not be executed. The respondent took from the appellant on lease for the year 1940-41 the tolls of the public ferry at Chichawatni for a sum of Rs. 5,500. He paid Rs. 3,109 and the appellant sought to recover the balance through the District Magistrate, Montgo­mery as arrears of land revenue under section 9 of the Ferries Act. The respondent denied the liability, pleading that no money was due, and alleged that the District Magistrate had no jurisdiction to recover the amount as arrears of land revenue under section 9. The suit was dismissed by the trial Court and the dismissal was affirmed by the District judge on appeal. On second appeal to this Court, the learned Judge took the view that the summary remedy of realising the arrears under section 9 was not available to the appellant. He, there­fore, accepted the appeal and decreed the suit. The learned judge has held that section 9 only applies to arrears due by the lessees of those public ferries which are under the supperin­tendence of the District Magistrate and not those which have been let out on lease to District Boards. To consider…

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