Mahapatra, J.

1. The present appellant is the widow of the original plaintiff. She was substituted on the death of her husband while the appeal was pending in this Court. Her husband brought a suit for recovery of Rs.48,507/- as damages against the State of Bihar and the Union of India representing the North Eastern Railway. He asked for a permanent injunction against those defendants and the members of the District Board of Saran, who were impleaded as defendant No.3 through the Chairman of that Board, restraining them from claiming any amount from the plaintiff on account of rent due from him. His allegations were that the right to collect toll from the people who would pass on the footpath on the railway bridge over the river Gandak known as Sonepur-Hajipur-Gandak bridge and from the people who would cross the two public ferries on the northern and southern side of the railway bridge known by the names Pathra-Sewaich and Sabbalpur Konhara ferries, was leased to the plaintiff for a period of three years from the 1st of April 1949 to the 31st of March, 1952 on an annual rental of Rs.33,700. A public auction for that purpose was held by the District Magistrate of Muzaffarpu