Judgement

SUBBA RAO, J. : I regret my inability to agree.

2. Sitaram Motilal Kalal, hereinafter called the 1st defendant, is an agriculturist having lands at Kathwada village. He owned a motor-car bearing registration No. BYD 816. He entrusted the said car to Mohammed Yakub Haji, hereinafter called the 2nd defendant, for plying the same as a taxi in Ahmedabad. The 2nd defendant ran the taxi, collected the fare, met the expenditure incurred in connection with the said service, rendered account to the 1st defendant and remitted the balance to him. In short, the 2nd defendant was not merely the driver of the taxi but he was also in entire charge of plying the taxi in Ahmedabad. The 2nd defendant appointed the 3rd defendant as a cleaner for the taxi. Presumably because the 2nd defendant wanted another to assist him in driving the car during his absence from the city, he trained the 3rd defendant to drive the car and on April 11, 1940, the 2nd defendant took the 3rd defendant to the Regional Transport Authority for obtaining a licence for him. On that date a test was being conducted by the Regional Transport Officer on the capacity of the 3rd defendant to drive a car for the purpose of i