KALYANRAIJI Vs. MOFUSSIL COMPANY LIMITED

JUDGEMENT

(1.) THE late Appellant, who was Plaintiff in the two suits which have been consolidated, was the managing proprietor of a temple in Broach, known as the Shriji Mandir. In that capacity he "claimed to be entitled to a lago, or perquisite or tax, of two annas per bale on/all cotton bought in and exported from Broach. The present Appellants are his representatives.

(2.) IT must be taken for the purposes of this case that from time immemorial before and up to the year 1844, this lago was claimed and received as of right by the managing proprietor of the temple for the time being, and it may be assumed that the claim had a legal origin, and that, but for an Act of the Legislature passed in 1844, it would still be enforceable in a court of law.

(3.) THERE was an earlier Act, No. XX. of 1839, to which reference was made during the argument. It empowered the Governor in Council of Bombay to issue orders prohibiting the levy of hucks and fees of every description, and customs, whether by land or sea, enjoyed by holders of rent-free lands or other persons. Orders so issued were not to be questioned, and persons levying any prohibited hucks or fees were to be punishable for undue exaction as if they had been revenue officers guilty of extortion. No order, however, under this Act affecting the question raised in the present case was issued, at any rate before the passing of the Act of 1844. The Act of 1839 was referred to mainly for the purpose of showing that the abolition of hucks and fees without compensation was not inconsistent with the course of legislation in India at that time.