| Citation(s) |
|---|
| 1965 SLG 56 1965 SLD 56 1965 PLD 83 |
Supreme Court of Pakistan
Civil Appeal No. 25-D of 1964, decision dated: 22nd October 1964. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 14th May 1964 in Appeal No. 7 of 1964/Civil Rule No. 221 (L. P.) of 1964)
A. R. CORNELIUS C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
S. R. Pal Senior Advocate (Mazhar Hassannain Advocate Supreme Court with him) instructed by S. M. Abbas Attorney for Appellant. M. H. Khondkar Senior Advocate instructed by Shahab-ud-Din Ahmad Senior Attorney Nos. 1 and 3. Mahmud Hussain Advocate General
Civil Appeal No. 25-D of 1964, decision dated: 22nd October 1964. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 14th May 1964 in Appeal No. 7 of 1964/Civil Rule No. 221 (L. P.) of 1964)
A. R. CORNELIUS C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
S. R. Pal Senior Advocate (Mazhar Hassannain Advocate Supreme Court with him) instructed by S. M. Abbas Attorney for Appellant. M. H. Khondkar Senior Advocate instructed by Shahab-ud-Din Ahmad Senior Attorney Nos. 1 and 3. Mahmud Hussain Advocate General
M. A. NAS
VS
CHAIRMAN, PAKISTAN EASTERN RAILWAYS AND OTHERS
Law: Easements Act, 1882
Section: 60,52,4,63
Law: Specific Relief Act, 1877
Section: 21(d),56(f),42,21
(a) Constitution of Pakistan (1962), Art. 58-Leave to appeal to Supreme Court-Granted to consider question whether a catering contract for refreshment rooms of a Railway is one for which protection in law by the method of injunction could be claimed against termination otherwise than in accordance with terms of contract. (b) Easements Act (V of 1882), S. 60-Contract between Railway Administration and a contractor giving Licence to contractor to supply refreshments in refreshment rooms and run buffet cars terminable at 6 month's notice-Not an irrevocable licence-Right granted to contractor not an easement within meaning of S. 4, Easements Act (V of 1882)-Licence does not fall either within cl. (a) or (b) of S. 60-Contract not specifically enforceable-Money compensation adequate relief-Breach cannot be prevented by injunction-Specie Relief Act (I of 1877), Ss. 21 & 56 (f ). An agreement between the Railway Administration and a contractor merely conferred a right to carry on business of catering in the Refreshment Rooms and on the Buffet Cars. They were not given any general right of occupation but only a right to use the Refreshment Rooms allotted to them for the exclusive purpose of catering refreshments. Such a right does not amount to easement as defined in section 4 of the Easements Act, 1882 or an interest in the property. Nor can it be regarded as a licence `coupled with a transfer of property" within the meaning of section 60 of the Easements Act. Nor can it be suggested that the contractor was required `to execute any work of permanent character' in connection with the business. No doubt his business may involve complex arrangements for continued supply of refreshments both solid and liquid but this cannot be regarded as "execution of a work of permanent character". Such a licence does not fall either within clause (a) or (b) of section 60 of the Easements Act and therefore, it was revocable at the will of the grantor. This being a revocable licence, the revocation thereof could not be prevented by injunction. In a case like this the licensee is entitled to a reasonable notice in accordance with the provisions of section 63 of the Easements Act. If…
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