MODI, J.—-On a reference by one of us sitting singly, this second appeal by the plaintiff in a suit for declaration and injunction comes up before this Bench for final disposal.

2. The reference has been occasioned by an interesting, albeit, vexed question relating to the question of court-fees payable on the suit as well as the appeal under sec. 7(iv)(c) of the Court Fees Act (The Indian Court Fees Act 1870 having been adapted for the relevant period to this State with certain modifications which are irrelevant for our purposes by the Rajasthan Court Fees (Adaptation Act) Ordinance, 1950 (No. 9 of 1950), which admittedly governs this case, and upon which question a rather sharp divergence of judicial opinion appears to exist in the various High Courts of our country. As, however, the entire case has been referred to this Bench, we propose to state the salient facts leading up to this appeal in so far as they are material for its final disposal.

3. The plaintiff Daulatram held a monopoly contract for plying passenger and goods motor service for hire on the Ganganagar Hindumalkote route via Sadhowali from the princely State of Bikaner as it then was and which route fell within its ter

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