Bapna, J.—This is a revision against the decision of the judge, Small Cause Court, Jaipur dated 20th January, 1954.

2. The petitioner filed a suit against the Government of Rajasthan in the Court of Small Causes on the 10th of February, 1953, for recovery of Rs. 375/-on the allegation that he was licensee for the sale of foreign liquors in respect of a Bar & Restaurant situated at Prem Prakash Cinema, and he used to pay a licence fee of Rs. 150/- per year to the Customs & Excise Department. It was alleged that on the 6th April, 1950, the Customs and Excise Department of Rajasthan asked the plaintiff licence-holder to pay a fee of Rs. 1500/- per year instead of the previous fee of Rs. 150/- a year. The plaintiff declined to pay the amount, but he was told that if the did not pay up the amount his Bar & Restaurant would be closed by force. It was then that the plaintiff paid Rs. 375/- for three months under protest to the Customs & Excise authorities on the 7th October, 1950. It was contended that the said fee of Rs. 375/- was an imposition unauthorised by law, and, therefore, the plaintiff was entitled to receive back the amount from the Government of Rajasthan.

3. The Government of R

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