Kolkata Court August 1889 Judgments

Moran and ors. Vs. Chairman of Motihari Municipality

Court: Kolkata

Reported in: (1890)ILR17Cal330

Pigot and Rampini, JJ.1. This is an appeal from a decision of the Subordinate Judge of Champarun so far as it dismisses the suit which is brought by the plaintiffs in respect of the refusal by the Municipality of Motihari of a license for the use of certain lands in the occupation of the plaintiffs, as a market.2. There is no doubt, and it has been so found, that this is an ancient market. There is no doubt that the powers possessed by the Municipality under Part X of Bengal Act III of 1884 have been so used as to put an end to that market to the profit of a market established by the Municipality under the authority of one of the sections of Part X of the Act; and the question before us is whether, under the provisions of Bengal Act III of 1884, power was conferred upon the Municipality of doing those acts destructive of the plaintiffs' property, and yet no remedy or no right was allowed by the Act to persons in the position of the plaintiffs in case of the Act being so used to the des...