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Judgment
6 paragraphs · 127 words
1.
Section 22 of the Abkari Act 1 of 1886 imposes a duty on the lessee or assignee, that is, on the defendant, not the plaintiff in this case; but
Clause 21 of the plaintiff's license which is issued u/s 24, Clause (e) of the Act, imposes the duty on the plaintiff also as grantee of Government to
obtain the Collector's license for his lessee, the defendant.
2.
Thus there was a legal duty on the part of both the plaintiff and the defendant to obtain the Collector's permission to the sub-letting. They failed
to do so, and the contract entered into between them that defendant should sell arrack was illegal, and the plaintiff therefore cannot sue on it.
3.
We dismiss the second appeal with costs.