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TMI Blog1962 (5) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... #8377; 5,678/13/- on account of Ganja, Bhang and opium; total ₹ 24,622/- which had been realised by the State Government on behalf of the Jagirdar for the period between 1-4-49 and 31-3-51. There is no dispute that this amount was clue to the plaintiff from the State Government. The defendant resisted the claim on the sole ground that he was not liable to pay that sum because the Government had already adjusted the sum of ₹ 20,415/11/5 which was payable by the plaintiff to it. The balance of ₹ 4206/13/7 thus remaining due to the plaintiff had already been deposited in the treasury and subsequently in the trial Court. And that sum was paid to the plaintiff through the Court. We are called upon to determine two questions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the defendant does not seek enforcement of his claim, and, therefore, court-fee is not due. We are supported in this view by the decisions reported in Ramanujdas v. Ram Samukh Das, AIR 1940 All 393 Punjab Electric Power Co., Ltd. v. Suraj Kishan, AIR 1937 Lah 62, D. Konda v. Chenchu, (S) AIR 1955 Hyd 176 and Balchand v. Nandlal, Madh B LJ 1955 HCR 1442. The liability of the plaintiff to pay the cesses arose from the Sanad itself which was granted to Raja Balbhadra Singh by the Ruler of Gwalior State. According to the terms of the Sanad, the plaintiff was liable to pay to the State Government cesses called Sarkana (road cess) and Madarsana (school cess). The amount payable every year is also specified in the Sanad as ₹ 1208/-. These ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or should not have been so exempted. The matter was entirely an administrative one. The Government Resolution dated September 30, 1924 (Ex. D. 7) clinches the issue. There it was declared that if any Jagirdar constructed or maintained roads at his own expense road cess would be excused if the Administrative Officer P. W. D. so recommended; otherwise, the Jagirdar could make a submission to the Durbar seeking exemption from the cess. Similar directions were given for exemption from school cess. It is thus transparent that the directive principle contained in the Durbar Policy was implemented by the Government in the terms stated above. No Jagirdar could decide for himself that he was exempted from payment of either of the two cesses. An ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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