KA RON LANONG Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal relates to a money claim for recovery of a sum of Rs. 22,500/ - on account of refund of licence fees, paid in advance to the defendant. Added to it is a claim for Rs. 1,500/ - as compensation for illegal detention of the money.

(2.) THREE liquor shops for retail sale of country spirit, situate in Laban, Mawkhar and Police Bazaar in the town of Shillong were settled by the defendant, the State of Assam, with the plaintiff -appellant for the year 1948 -49, under different licences. The aggregate licence fee payable for all the three shops in question amounted to a sum of Rs. 2,70,000/ -, while the proportionate monthly fee came to Rs. 22,500/ -. The terms of the licence will be adverted to at a later stage as they naturally have an important bearing on the decision of the case.

(3.) ON the above pleadings a number of issues were framed by the learned Subordinate Judge, who tried the suit. It is unnecessary to refer to those issues. The main question, which the learned Subordinate Judge had to decide, was whether the plaintiff was entitled to the remission of licence tee during the period 19th June, 1948 to 21st July, 1948, as claimed by him. This question was covered by Issues 6, 8 and 9, all of which material issues he decided against the plaintiff. He held that there was no condition in the plaintiff's licences or in the licences issued to the distillers that the liquor to be supplied to the plaintiff for sale was to be prepared from rice supplied by the Government.