JUDGMENT

1. This appeal is directed against a decree by which damages have been assessed for disturbance of a ferry in accordance with the directions given by this Court in its judgment in the case of Rameswar Singh v. Secretary of State for India 34 C. 470 : 11 C.W.N. 356 : 5 C.L.J. 669. It is not necessary for our present purposes to review the earlier history of this litigation. It is sufficient to state that the proceeding taken for the acquisition of lands on both sides of the river were irregular with the result that disturbance was caused in an entirely improper manner to the exercise of the franchise possessed by the plaintiff. It was suggested before us on behalf of the Secretary of State on the previous occasion that, if the suit was held to be maintainable, damages should be allowed to be assessed in the first instance by the Collector; and that the final decree might be made by, the Civil Court in view of the award made by the Collector. 'This procedure has been followed. The Collector assessed the damages at Rs. 3,000. The Subordinate Judge, upon the objection of the plaintiff, has considered the matter and raised the compensation to Rs. 5,000. The plaintiff has now app