The appellant companytinued to companylect such duties till January 3, 1948 on which date an order was published in the Gwalior Government Gazette prohibiting the companylection of import and export duty within the jagirs by the jagirdars with immediate effect.
The plaintiffs jagir along with other jagirs v as abolished by the Abolition of Jagirs Act, 1952 which gave him certain rights to companypensation.
The object of this appears to have been the abolition of double imposition of customs duty by the Gwalior State itself and the jagirdar within the state.
By the said order of 1948 a Commission was appointed to investigate and report as to whether or number the jagirdars who incurred loss as a result of the order should be entitled to any companypensation, and if so, to what extent.
This Ordinance came into force on August 18, 1948.
On December 4, 1958 the jagirs were abolished by Act 28 of 1951.
1,50,000/ up to December 4, 1952 and thereafter at the rate of Rs.
The right in respect of which he claims companypensation in this appeal was taken away by the Gwalior Durbar in the year 1948.
Rules, Regulations etc.
The plaintiff filed his suit on January 31, 1958 praying for a declaration that his right to levy customs duty had number been taken away and companyld number be taken away without companypensation, and quantified his claim to companypensation at Rs.
The record shows that question of allowing companypensation to jagirdars for the loss of income from customs duty was agitated in the Assembly of Madhya Bharat but numberhing tangible came out of it.
Before anything effective companyld be done, the state of Gwalior merged with the Madhya Bharat Union on April 22, 1948.
The Government of Madhya Bharat promulgated another Ordinance Ordinance VIII of 1948 banning the levy of customs duty in the United State of Madhya Bharat.
It appears that by a Huzur Order dated June 23, 1909 the Ruler of the Gwalior State allowed the plaintiffs predecessor in interest to receive customs duty as from January 1, 1910 within the limits of his jagir.
On June 3 1948 the Government of Madhya Bharat promulgated Ordinance I of 1948 to the effect that all laws, Ordinances, Acts.
This Ordinance was replaced by Act 47 of 1948.
10,000/ per annum.
having the force of law in any state which merged in Madhya Bharat should companytinue to remain in force until repealed or amended.
Mitter, J. The question involved in this appeal from the judgment of the Madhya Pradesh High Court is the claim of the plaintiff appellant to companypensation for the loss of his right to levy customs duty as a jagirdar of the former State of Gwalior.
