Judgment

RAMASWAMI, J. : This appeal is brought by certificate against the judgment and decree of the Rajasthan High Court, dated January 29, 1963.

2. The appellant firm Bansidhar Premsukhdas brought a suit which is the subject-matter of this appeal against the State of Rajasthan on March 31, 1953 for the recovery of Rs. 86,646-3-0 in the Court of District Judge, Bharatpur. The case of the appellant was that the former State of Bharatpur with a view to increase the trade and commerce in the said State decided to establish a Mandi at Bharatpur where at the material time a T. B. Hospital was located. It decided to sell plots for certain fixed amounts and, therefore, issued a notification on May 18, 1948 offering the plots by public advertisement for sale on certain terms and conditions. The notification-Ex. 4-was published in Bharatpur Rajpatra and one of the concessions proposed to be granted was embodied in Cl. 3 of the notification which stated :

"If any commodity is imported from outside into the Mandi and is sold for consumption within the State, or if any commodity received in the Mandi from within the State and is exported in both cases, a reduction of 25 per cent in the custom