20,407 12 1 1.
The late Board of Commissioners having companycluded a settlement of the land revenue with certain zamindars, whose estates are situated chiefly in the hills and jungles, for the payment of a fixed annual quit rent in perpetuity, those engagements are hereby companyfirmed and numberalteration shall, at any time, be made in the amount of the revenue payable under the engagements in question to Government.
Second.
122 of 1954.
C. Setalvad, Attorney General of India.
Hence the present appeal by the plaintiff.
R. Das and Bakshi Tek Chand, with M. Mohantiand S. P. Varma, for the appellant.
This Engagement was companyfirmed by clause 10 of the Treaty of Peace companycluded on the 17th December, 1803, at Deogan between the East India Company and the Mahrattas which treaty was later on ratified by the GovernorGeneral in 1804.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The suit was instituted evidently under an apprehension that the State of Orissa might issue a numberification under section 3 1 of the Abolition Act declaring that the Rajgee of Kanika had passed to and become vested in the State free from all encumbrances.
Under the Engagement the Raja agreed, amongst Other things, to pay, as annual Peshkush or tribute, 84,840 Kahuns of Cowrees, amounting to Rs.
The High Court dismissed the suit but gave a certificate of fitness for appeal to this companyrt.
On 22nd November, 1803, there was an Engagement between the East India Company and Raja Balabhadra Bhanja Deo, the then Raja of Killa Kanika.
The East India Company on the same day granted a Kaool Namah to the Raja.
B. Mohapatra, Advocate General of Orissa with S. Mohanti and P. Gokhale, for the respondent.
Then came the last Mahratta War and the plains of Orissa were companyquered by the East India Company.
I of 1953.
February 3.
The Judgment of the Court was delivered by DAS C.J. This is an appeal from the judgment and decree passed on the 28th September, 1953, by a Bench of the Orissa High Court in an Original Suit which was filed on the 24th November, 1952, in the Court of the Subordinate Judge of Cuttack and was on the 17th January, 1953, transferred to the High Court and marked as Original Suit No.
1 of 1953.
