The appellant is a limited liabili­ty company incorporated in England carrying on business of tea plantation and industry at Koomber and Larsingah in Cachar and the appellant is the owner of the Koomber Tea Estate and Larsingah Tea Estate in Cachar. The ferry across the Barak river at Sadarghat is a public ferry. The town of Silchar on the left side and Rangpur village is on the right side of the Barak river and the two places are connected by the aforesaid ferry and through the Silchar-Kumbhirgram P. W. D. road. Sri Amir Singh respondent No. 2 who was defendant No. 2 in the Court below is the lessee on behalf of the State Government to collect toll in respect of the said ferry. Further down the river from the Silchar-Kumbhirgram road, there is the Silchar Sadarghat Steamer Station and Coal Dump.

The said steamer station is being used by the Joint Steamer Companies as a station for loading and unloading goods. The plaintiff-appellant and many other persons residing or carrying on business on the eastern and northern bank of the river Barak have been using the road for carrying goods to and from steamers and flats moored at the Sadarghat Steamer Station in order to relieve the pressure of civil traffic crossing the river during the war. Defen­dant No. 2 the lessee on behalf of the State Govern­ment demanded from the plaintiff-appellant toll for every vehicle which passes over the said road on the ground that the plaintiff-appellant was using the approach to or landing place of a public ferry.

This right was repudiated by the plaintiff-appellant, but a sum of Rs. 4595/S/- was in fact realis­ed by the defendant from the plaintiff. On 7-7-1952 the plaintiff gave a notice under S. 80 of the Civil Procedure Code to the Deputy Commissioner, Cachar as Collector of the District which was delivered to him on 4-8-1952. On these facts the present suit was filed against the State of Assam and Amir Singh, the lessee, for a declaration of the plaintiff's right to use the said road from and to Silchar Sadarghat Steamer Station and Coal Dump without paying any toll, and for an injunction restraining the State of Assam and its lessee from collecting any toll for user of the said road, and further for refund of a sum of Bs. 4595/13/- the toll realised illegally from him. The suit was defended by both the defendants.

(2) The points raised, inter alia, were that the suit was barred by limitation and by S. 34 of the Northern India Ferries Act. It was further con­tended that under S. 14 of the Northern India Ferries Act, the plaintiff was liable to pay toll-tax as he used the approach road. The trial court held in favour of the plaintiff on the issues relating to limitation and the bar of the suit under S, 34 of the Northern India Ferries Act. As regards the right of the defendants to demand toll, the trial Court held that the defendants could claim toll from those who used the approach road, but the sign-board was placed at an unreasonable distance from the top of the river bank indicating that the approach extended up to that place.

The Court could fix the reasonable extent of the approach and he declared that the plaintiff was not liable to pay toll for using the portion of the Silchar-Kumbhirgram road for going to the coal dump and to the steamer ghat station by side tracking the Silchar-Kumbhirgram road so long there will be 30 to 25 feet distance from the side track of the plain­tiff to the top of the river bank where the ferry boat conies. He also decreed for refund of the amount of toll already paid to defendant No. 2. The effect of his judgment was that he fixed the length of the approach to be 25 or 30 feet, from the bank of the river. On appeal by the two sets of the defendants, the Additional Judge allowed the appeal and set] aside the judgment of the trial court and dismissed the suit.

The present appeal has been filed on behalf of the plaintiff challenging the correctness of the decision of the lower appellate Court. It should be pointed ou

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