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1961 Supreme(SC) 263

K.SUBBA RAO, M.HIDAYATULLAH, P.B.GAJENDRAGADKAR, RAGHUBAR DAYAL, J.R.MUDHOLKAR, N.RAJAGOPALA AYYANGAR, SYED JAFAR IMAM, J.C.SHAH
Kanshi Ram Jagan Nath – Appellant
Versus
State – Respondent


Advocates:
C.K.DAFTARY, J.B.DADACHAN, N.S.BINDRA, O.C.MATHUR, P.D.MENON, Ravindra Narayan, S.M.Sikri

Judgement

HIDAYATULLAH, J. : The only question in this appeal with certificate under Art. 133 (1) (c) of the Constitution, against the judgment and decree of the High Court of Patiala and East Punjab States Union, is whether the levy of royalty at Rs. 50 per one lakh bricks under a Robkar issued by the Ijlas-i-Khas (Council of Regency), Patiala State on February 6, 1919 is valid.

2. The appeal arises out of a suit filed by the present appellants in the Court of the Subordinate Judge, Faridkot, for declaration and injunction. The suit was dismissed by the trial Judge, but on appeal to the District Court, the decision was reversed. On Further appeal to the High Court, the decision of the Additional District Judge was set aside, and that of the trial Judge restored.

3. In this appeal, the only point argued is whether the order of the Ijlas-i-Khas continues to be effective, after the enactment of the Indian Finance Act 1950. The suit was filed on May 13, 1952, for injunction against notices of demand issued to the appellants from the Tehsil Office, Faridkot on or about April 20, 1951. The learned Solicitor-General concedes that the appellants claim must be confined to the period after Ap












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