MODI, J.—This is a civil regular first appeal by the plaintiff Mubarak Hussain against the judgment and decree of the Senior Civil Judge, Jodhpur, dated 31st August, 1957, in a suit for refund of money.

2. The plaintiffs case is briefly this. The plaintiff Mubarak Hussain (along with two other persons named Bhanwarlal and Kanwalchand (who may be ignored tor the purposes of the present appeal as we consider it unnecessary to go into the question whether they were joint monopolist with the plaintiff) obtained a monopoly contract for plying passengers and goods motor service for hire on the Erinpura Bali route for a period of three years from the 15th March, 1949 to 14th March, 1952 from the Board of Communications of the Government of the State of Jodhpur, as it then was, on agreeing to pay a sum of Rs. 33, 101/- for the said monopoly (vide Ex. A-l). On the 7th April, 1949, the State of Jodhpur was integrated with the United State of Rajasthan and the monopoly contract was allowed to continue by the new State. On the 26th January, 1950 the Constitution came into force in our country and the United State of Rajasthan became one of its part B States. The plaintiffs case is that after th

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