Judgment

CHANDRASEKHARA AIYAR, J. - This appeal arises as the result of special leave to appeal granted by this Court on the 1st of May, 1951, against an order of the Madras High Court dated 13-4-51, quashing certain proceedings of the Regional Transport Authority, Tanjore, and the Central Traffic Board, Madras dated 19-1-1950 and 3-3-1950 respectively, and an order of the first respondent (the State of Madras) dated 7-11-1950, and directing the issue of Messrs. Raman and Raman Ltd., (Petitioners before the High Court) of permits for the five buses in respect of which a joint application had been made originally by them and one T. D. Balasubramania Pillai.

2. The present appellant, G. Veerappa Pillai, was the fourth respondent in the High Court, The present first respondents (Messrs. Raman and Raman Ltd.) were the petitioners before the High Court. Present respondents Nos. 2, 3 and 4 were respectively respondents Nos. 1, 2 and 3 before the High Court.

3. The dispute is between the appellant and Messrs. Raman and Raman Ltd., who were competing bus proprietors in the Tanjore District; and it is over the issues of five permanent permits for bus Nos. M.D.O. 81, M.D.O. 230, M.D.O. 6, M.D.O. 7 and M.D.O. 759 on the route between Kumbakonam and Karaikal. It has been a long drawn game with many moves, counter-moves, advances and checkmates, both sides displaying unusual assiduity and skill in their manoeuvres for position. But it is unnecessary to set in great detail all the steps taken, as they have been narrated in the order of High Court and many of them are of insignificant relevance for disposal of this appeal. I shall state here only what is material.

4. The C permits for the five buses stood originally in the name of Balasubramania Pillai. The buses were agreed to be purchased from him by Messrs. Raman and Raman Ltd. And there was a joint application by the transferor and transferee on 10-3-1944 for transfer of ownership and of the G permits in the name of the purchasers.

Two days later, Veerappa Pillai, proprietor of the Sri Sathi Vilas bus Service, who is the appellant before us, applied for temporary permits to ply two of his own vehicles over the same route, stating that the vehicles of the two agencies which held the permits were mostly out of action. It was a fact that out of the five buses sold by Balasubramania Pillai, only two were then running; the other three were under repairs. The permanent permits for the sold buses were suspended by order of the Secretary dated 28-3-1944. Temporary permits for buses M.D.O. 920, 894, 918, M.S.C. 7632 and 7482 had been issued to Veerappa Pillai during the same month.

5. Now we come to another chapter in the story. Balasubramania Pillai resiled from the joint application and repudiated it as having been got from him by fraud. The Secretary, Road Traffic Board, thereupon refused to transfer the ownership on the 19th March, 1944, and this order was confirmed by the Board on 29-5-1944. Balasubramania Pillai and Veerappa Pillai made a joint application on 10-4-1944 for transfer of the buses and the original permits in favour of Veerappa Pillai who had on the same date agreed to purchase the vehicles.

The Secretary granted this application on the same date, Messrs Raman and Raman Ltd., took the matter before the Central Road Traffic Board and they made an order on 16-3-1944 upholding the issue of temporary permits to Veerappa Pillai for his buses M.D.O. 920, 894, 918, M.S.C. 7632 and 7482. But setting aside the transfer of registry of the original buses and the transfer of the permits relating to the same. On an application by Veerappa Pillai to review its order dated 16-8-1944, the Central Road Traffic Board allowed on 27-11-1944 only the transfer of the ownership of the buses but not a transfer of the permits.

6. Yet another move in the game was this. Veerappa Pillai filed a suit in the Court of the Subordinate Judge, Kumbakonam, on 3-10-1944, for recovery of possession of the original fi