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1910 DIGILAW 290 (ALL)

Lucas, C. J. v. Ramai Singh

1910-07-21

KARAMAT HUSAIN, KNOX

body1910
ORDER : 1. The parties to this application entered into an agreement, dated 27th March 1906. The agreement was, as it purports to be, under Act 13 of 1859. This Act has been in existence in the town of Mirzapur from which the case comes for a number of years and so well known in the factories of Mirzapur that we need not be under any apprehension that person who enters into contract under it are ignorant of the law or do not know the nature of the contract into which they are entering. We have examined the contract and, in spite of what the learned Judge says we are satisfied that it is a contract that is contemplated under Act 13 of 1859. The learned Judge has quite misunderstood the provisions of the law and also the terms of the contract and he has needlessly gone out of his way when he says that the order of the Magistrate before him was silent as to how the balance of the advance was to be paid or how long the appellant was to work for Mr. Lucas. 2. The contract was for a term of 50 months and as soon as those 50 months expired and the money advanced under the contract has been repaid, Ramai Singh is free to enter upon any other work and in any other place that seems good to him. What the learned Judge writes about Ramai Singh incurring the possibility, under this order of the Magistrate, of having to work for the rest of his life and yet the balance be not repaid could only be true if Ramai Singh does not pay up the balance that may be due from him. As soon as the 50 months are over, Ramai Singh can pay the balance the very next day; till that time he must carry out the terms of the contract into which be has entered. We are most unwilling to interfere in cases of this kind, but we feal that the terms of the learned Judge's judgment may be so mischievously interpreted that we are compelled to interfere. We set aside the order of the learned District Judge and we restore that of the Magistrate. It has not been shown to us that the terms of the bond are at all beyond the means of Ramai Singh. 3. We set aside the order of the learned District Judge and we restore that of the Magistrate. It has not been shown to us that the terms of the bond are at all beyond the means of Ramai Singh. 3. Ramai Singh will work from the date the order of this Court is certified to the Court below until he has completed 50 months of work from the date of the contract and will pay up the sum of Rs. 19-4-0; until he has worked for this period and paid up this sum, he will continue to be liable for work. Any period for which he has worked in the past and has worked since 6th February 1910 is to be deemed as work under this order and any payment made subsequent to 6th February 1910 and accepted by Mr. Lucas are to be deemed as payments made in liquidation of the sum of Rs. 19-4-0. Otherwise the order of the learned Magistrate will hold good.