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Basavaraju Pitchaya Vs. the Secretary of State for India in Council, Represented by the Collector of Kistna - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in58Ind.Cas.713
AppellantBasavaraju Pitchaya
RespondentThe Secretary of State for India in Council, Represented by the Collector of Kistna
Cases ReferredSecretary of State v. Chinnapragada Bhanumurty
Excerpt:
madras proprietary estates village services act (ii of 1894), section 17 - service inams at inception--right of resumption and re-grant--continuance of grant--regulation xxix of 1802. - - from the two regulations we have referred to it is clear that lands granted to village officers like karnams, etc. if the learned judge intended to lay down that the facts that the land was originally service inam, that it was excluded from the assets of the zemindar in 1802, and that subsequently the government took service from the karnam and allowed him to enjoy the property would not enable a court of law to draw the inference that there has been a continuance of the grant within section 17 of act ii of 1894, we are unable to agree with him......to enfranchise certain lands in a zemindari. these lands were at the inception, karnam service inam lands. in 1854, when an account was taken of the properties in the zemindari, it was not denied by the persons in possession that they appertained to the karnam service. the lower courts have, on these and other facts some to the conclusion that the inam was continued by the government within the meaning of section 17 of act ii of 1894, in lieu of services to be rendered as karnam. this conclusion is attacked by mr. ramadoss with reference to certain observations of sundara aiyar, j. in secretary of state v. chinnapragada bhanumurty 17 ind. cas. 373 : 24 m.l.j. 538. we shall consider how far that dictum affects the present case. as was pointed out by the learned government pleader, if.....
Judgment:

1. The question in this case is, whether the Government is entitled to enfranchise certain lands in a Zemindari. These lands were at the inception, Karnam service Inam lands. In 1854, when an account was taken of the properties in the Zemindari, it was not denied by the persons in possession that they appertained to the Karnam service. The lower Courts have, on these and other facts some to the conclusion that the Inam was continued by the Government within the meaning of Section 17 of Act II of 1894, in lieu of services to be rendered as Karnam. This conclusion is attacked by Mr. Ramadoss with reference to certain observations of Sundara Aiyar, J. in Secretary of State v. Chinnapragada Bhanumurty 17 Ind. Cas. 373 : 24 M.L.J. 538. We shall consider how far that dictum affects the present case. As was pointed out by the learned Government Pleader, if before a Sannad is granted under Regulation XXV of 1802, certain lands were found to appertain to village services, the Government, by virtus of the prerogative reserved to them by Section 4 of that Regulation, assumed control over such properties and excluded them from the assets of the Zemindari. Regulation XXIX of 1802 enabled the Government to obtain directly the services from the Karnams who were previously under the control of the Zemindars. Having regard to the fact that the lands granted in lieu of remuneration often changed hands and that the office-holders often found themselves in an impecunious position owing to the conduct of their predecessors, Act II of 1891 was passed fixing wages for the office: as a natural corollary from this, Government directed the enfranchisement of the lands previously held as service Inam. In these circumstances, it is difficult to see what right was left in the proprietor in respect of these lands. From the two Regulations we have referred to it is clear that lands granted to village officers like Karnams, etc., ceased to appertain to the Zemindari. The right of resumption, and re grant, therefore, inhered in the Government. The Government were, therefore, entitled to enfranchise the land. As regards the Secretary of State v. Chinnapragada Bhanumurty 17 Ind. Cas. 373 : 24 M.L.J. 538 the facts are not quite clear. Apparently, the whole of the village in which the land in question was situated was granted to an Agrabaramdar. Whether before the granting of the Sanad the land in dispute had been granted for Karri am services or whether it was the Agraharamdars that made the grant to the Karnam is not clear. On these facts the lower Appellate Court in that case came to the conclusion that the lands were not service Inam lands; and one of the learned Judges who heard the second appeal, Sadasiva Aiyar, J,, accepted that finding. Sundara Aiyar, J, apparently did not disagree with the finding in the case. He seems to have been inclined to the view that some overt act must be shown to have been 'one by the Government continuing the land in enjoyment of the office-holder as remuneration for doing the services. If the learned Judge intended to lay down that the facts that the land was originally service Inam, that it was excluded from the assets of the Zemindar in 1802, and that subsequently the Government took service from the Karnam and allowed him to enjoy the property would not enable a Court of Law to draw the inference that there has been a continuance of the grant within Section 17 of Act II of 1894, we are unable to agree with him. In this ease, on the facts found, there can be no doubt that the lands having originally been service Inam and having been excluded from the Zemindari the Government is entitled to enfranchise them.

2. The Second appeal fails and is dismissed with costs


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