RANSHAH BAPU Vs. GOVERNMENT OF THE CENTRAL PROVINCES

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Judicature at Nagpur dated 28th August 1944, confirming a decree of the Additional District Judge, Chanda, dated 18 September 1939, and dismissing the appellant's suit.

(2.) The questions arising in this appeal are : (1) Whether the appellant has the right to levy bazar dues in Kurkheda market; (2) If not, whether the respondent is estopped from contesting such right. The Courts in India answered both questions in the negative. A question of limitation was also raised in India, but has not been raised before the Board.

(3.) The said market, held every Saturday, lies within the mauza of Kurkheda, which is a part of Palasgarh zamindari in Chanda District of the Central Provinces. The appellant is proprietor of the zamindari. In pre- British days the zamindars of Chanda District exercised a wide but ill-defined jurisdiction in different parts of the District subject to rendering tribute and services to the paramount power of the day. In 1869 the rights of proprietorship conferred upon the zamindars, subject to payment of takoli or "quit rent," were defined in an instrument known as "the Chanda Patent."