- (1.) THIS is a revision against the decision of the Judge, Small Cause Court, Jaipur, dated 20th January, 1954.
(2.) THE petitioner filed a suit against the Government of Rajasthan in the Court of small Causes on the 10th Of February, 1953, for recovery of Rs. 375/- on the allegation that he was a licensee for the sale of foreign liquors in respect of a Ear and Restaurant situated at Prem Prakash Cinema, and he used to pay a licence fee of Rs. 150/- per year to the Customs and Excise Department. It was alleged the on the 6th April, 1950, the Customs and Excise Department of Rajasthan asked the plaintiff licence-holder to pay a fee of Rs. 1500/- per year instead of the previous fee of Rs. 150/- a year. The plaintiff declined to pay the amount, but he was told that if he did not pay up the amount his Bar and Restaurant would be closed by force. It was then that the plaintiff paid Rs. 375/- for three months under protest to the Customs and Excise authorities on the 7th October, 1950. It was contended that the paid fee of Rs. 375/- was an imposition unauthorised by law, and, therefore, the plaintiff was entitled to receive back the amount from the Government of Rajasthan.
(3.) THE Government of Rajasthan by a written statement pleaded that the fee of rs. 1500/-per year demanded of the plaintiff was a vaid demand, the Court had no jurisdiction, and the suit was barred by limitation.;