Case: State Of Rajasthan Vs. Rao Raja Sardar Singh

1. This appeal by certificate is brought by the State of Rajasthan. It arises from a suit instituted by the District Board, Sikar, In the suit the District Board, Sikar, a statutory body, which has jurisdiction over the whole of Sikar District except the municipal towns in it sought to recover from the respondent a sum of Rs. 46,647/2/3 with costs and future interest. The case for the plaintiff was that it had the right to levy and realise certain cesses as well as contributions from the Thikanedars or Atiyadars in accordance with law it had imposed certain cesses under Section 31 of the Jaipur District Boards Act, 1947 and it was entitled to collect the said cess as well as the contribution from the respondent who was the Thikanedar of Sikar, for the years3 and from April 1, 1954 to June 16, 1954, the date on which all zamindaries were abolished. The further case of the plaintiff was that the account of the cesses and the contribution due from the respondent was taken on September 15, 1953 and a detailed statement of account was sent to the respondent demanding from him a sum of Rs. 55,791/1/as arrears due from him. In response to the demand made by the District Board, the respondent paid only a sum of Rs, 18,291/1/0 and declined to pay the balance inspite of repeated demands and hence the suit had to be brought.

Reasoning: 4. As we are of opinion that the suit was not maintainable we have not thought it necessary to go into the question of limitation. In our opinion, the High Court was wrong in holding that the respondent had not pleaded that the suit was notThough this issue is not very specific but undoubtedly it covers the plea taken by the respondent in paragraph 1 of his written statement. That apart the plea of maintainability of the suit is essentially a legal plea. If the suit on the face of it is not maintainable, the fact that no specific pleas were taken or no precise issues were framed is of little consequence.From a perusal of these provisions it is clear that in the matter of collection of cesses by the Thikanedar from hisand tenants in thearea, he has to pay the same along with his contribution to the Government and the Government thereafter makes it over to the District Board. He has no liability to make over the collection of cesses to the District Board nor is there any right conferred on the District Board to demand and collect the same from the Thikanedar. Mr. Chagla appearing for the State of Rajasthan conceded that the claim made by the District Board in respect of the contribution due from the respondent is not sustainable as the same had to be collected by the Government but he tried to make a distinction between the claim in respect of the contribution due and that in respect of the cess collected by the respondent from hisand tenants. No provision of the Act has been brought to our notice which either requires the Thikanedars to pay the cess collected by them from theirand tenants to the District Board or which confers any right on the District Board to demand the payment of the same. In fact a perusal of the provisions quoted above clearly shows that the liability of the Thikanedar is to pay the cess collected by him to the