Memorial of the Chief of Mangrol in Kathiawar to His Excellency the Right Honourable William Mansfield Baron Sandhurst Governor and President in Council Bombay

Thus it is not the origin and nature of a.payment Which arematerial; but the qUestion whether the payment whatever its nature and origin had by the time of Colonel Walker's Settlement developed into 'a egularource of revenue to one State and expenditure to the Other: In the present case the Jama claimed being a levy on the State itself no such material.doubtftil element has any room to exist [...] It is not corect to say that the nature of the payment in the present case is ascertained from the evidence to be the price of.peace ' or the purchase money of military aid. [...] Absence of payment subsequent to 1820 is thus the basis of the cause of action and cannot possibly help the decision of the question whether the right is or is not permanent. [...] The incident only emphasises the permanent character of the levy in that Porbandar continued to acknowledge its liability during that period (see Ps 64 68 to 71) and that the arrears had to be provided for in the scheme for the administrtion of Porbandar framed by British Officers in consultation with the State authority. [...] ] title was commencedas early as 1823 A. B. and no arrears prior to that date have been. That a defendant conscious of the groundlessness of his objections to the claim; 4hould have it in his power to deprive the plaintiff of all arrears above 9 yeirs by protracting the litigation could not be the view of any system of law or eqnity.: As regards the award of interest it is only fair that the p