K.Mukherjea, J. - (1.) This is an appeal from a judgment and decree dated 12th May, 1958 of Datta, J. The facts of the case are quite simple and may be briefly set out as follows :-
(2.) The plaintiff Company are the owners of a tug or vessel called "Madanmohan". On or about February 28, 1944 the plaintiff company were served with a letter issued by the Regional Controller of Priorities (River) of the then Government of India enclosing copy of an order of the said Government. The order was No. 294 of 19th February, 1944 passed under sub-rule (2) read with sub-rule (5) of Rule 89 of the Defence of India Rules. This order is the foundation of the plaintiff's claims and should therefore be set out in extenso :- "In exercise of the powers conferred by sub-rule (2) read with sub-rule (5) of the Rule 89 of the Defence of India Rules, the Central Government is pleased to order that the Companies specified in the schedule hereto annexed shall comply with any directions given time to time by the Deputy Director of Movement, Calcutta, or by Mr. J. Aitken and the said directions require the said companies to use any vessel, steamer boat, barge or other craft in their possession or under their control plying in inland waters in the Provinces of Bengal, Bihar and Assam, for the conveyance of such persons or goods at such time and by such routes as may be set forth in the directions."
(3.) Thereafter, on April 11, 1944 the plaintiff received another letter from the said Deputy Regional Controller of Priorities to the following effect:- "Your steamer Madan Mohan is required for work at Tistamukh. Please dispatch her to Tistamukh where she should arrive by 18th instant at the latest. Pilots as necessary will be provided by the Joint Steamer Companies. The Madan Mohan's draft should not under any circumstances exceed 6'. Rebunkering as required in route should be arranged. The vessel should be manned for 24 hours duty per day. The vessel should report to the marine Superintendent, B and A Railway or his representative, Asst. Marine Superintendent, Tistamukh on arrival and act on his instructions. The financial adjustment and other terms will be one for settlement between you and the B and A Railway but they should not interfere with the dispatch of the Madan Mohan to Tistamukh".;