Manendra Chandra Malik vs E.I. Ry. Co.

Das, J.—There is absolutely no substance in this application. It is contended that there was some sort of contract between the petitioner and the railway administration by which the railway administration was bound to provide a second class compartment for the traveling public in that particular train, but I can see no justification for that argument either in the Indian Bail-ways Act or in the rules framed by the railway administration.

It appears to me that Section 67 of the Act is a complete answer to the argument, That section provides that.

fares shall be deemed to be accepted and tickets to be issued, subject to the condition of there being room available in the train for which the tickets are issued.

It is contended that this section would only operate in the case where there are second class compartments but there is no room in those compartments. I cannot accept this contention as correct. The section gives the appropriate remedy to a passenger who has bought a ticket and who is unable to find room in the train. This remedy was available to the petitioner, but ho preferred to travel by a higher class without having to pay the fare of that class.

I would refuse this application with costs, hearing-fee, three gold mohurs.