JUDGMENT

R.C. Mitter, J. - This appeal which is on behalf of the plaintiff must be allowed. The defendant is the Chairman of Municipal Commissioners of the Dacca Municipality. There is public thoroughfare in the town of Dacca called the Chawkbazar road and the plaintiffs house abuts on it. It is still a public thoroughfare. The Municipality has not stopped or diverted any portion thereof. In fact, it is admitted that the whole of it is used as a thoroughfare from morning up to 6 o'clock in the evening and portions of it are used as a public thoroughfare from 6 o'clock in the evening till 6 o'clock in the morning. But what the Municipality has done is this. It has granted either licenses or leases to milkmen and other shop-keepers to use a portion of the public thoroughfare for the purpose of putting their articles there and vending them. This they usually do in pursuance of the said licenses or leases from the Municipality generally from 6 o'clock in the evening till 12 o'clock in the night as is the finding of the Court below. The plaintiffs suit is a very simple suit. He has recited the fact that it is by the permission of the Municipality that the said shop-keepers come there eve