Skip to content


Kalayi Narayana Jogithaya Vs. the Secretary of State for India in Council, Represented by the Collector of South Canara - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1916Mad568; 29Ind.Cas.154
AppellantKalayi Narayana Jogithaya
RespondentThe Secretary of State for India in Council, Represented by the Collector of South Canara
Cases ReferredVenkatarama Aiyar v. Secretary of State
Excerpt:
evidence act (i of 1872), section 35 - survey records, entry of measurement of survey fields in, admissibility of, to prove encroachment--title, proof of. - .....in the survey records. it is not denied that this is relevant evidence under section 35 of the indian evidence act and it has in many cases been relied on as valuable vide sankaran numbudripad v. manavikraman 10 ind. cas. 653 : (1911) 1 m.w.n. 213 : 9 m.l.t. 415. the appellant relies on the dicta in krishna aiyar v. secretary of state for india in council 5 ind. cas. 121: 20 m.l.t. 71 and venkatarama aiyar v. secretary of state-far india in council 5 ind. cas. 118 : 33 m.p 362 : 7 m.l.t. 139 : 20 m.l.j. 74. this (classification of the items as nattam poramboke) at the utmost was an assertion of title, and is not by itself sufficient to prove the title of the defendant:' krishna aiyar v. secretary of state for india in council 5 ind. cas. 121. : 20 m.l.t. 71. 'such entry (of a.....
Judgment:

1. The District Judge has found, as a fact, that the plaint plots are encroachments on poramboke. The appellant's Vakil seeks to attack this finding on the ground that it is based on evidence which is legally insufficient, i.e., on the entries and measurements in the survey records. It is not denied that this is relevant evidence under Section 35 of the Indian Evidence Act and it has in many cases been relied on as valuable Vide Sankaran Numbudripad v. Manavikraman 10 Ind. Cas. 653 : (1911) 1 M.W.N. 213 : 9 M.L.T. 415. The appellant relies on the dicta in Krishna Aiyar v. Secretary of State for India in Council 5 Ind. Cas. 121: 20 M.L.T. 71 and Venkatarama Aiyar v. Secretary of State-far India in Council 5 Ind. Cas. 118 : 33 M.P 362 : 7 M.L.T. 139 : 20 M.L.J. 74. This (classification of the items as nattam poramboke) at the utmost was an assertion of title, and is not by itself sufficient to prove the title of the defendant:' Krishna Aiyar v. Secretary of State for India in Council 5 Ind. Cas. 121. : 20 M.L.T. 71. 'Such entry (of a disputed tank in pymash and settlement registers as Government poramboke) is, of course, insufficient to prove that the tank is, in fact, the property of Government:' Venkatarama Aiyar v. Secretary of State for India in Council 5 Ind. Cas. 118 : 20 M.L.J. 74. We doubt whether the learned Judges in either case meant to lay down a rule of law as to the quantum of evidence requisite to prove a question of fact. But apart from this the cases are quite distinguishable.

2. In each reported case the learned Judges were considering to what extent the description of a particular piece of land or a tank in a Government register as poramboke should be accepted as proof that the land or tank was really poramboke. Here the question is different. It is not disputed that a 'todu' has been in existence from time immemorial and is Government poramboke. The question is how far it extends : and in determining this the District Judge has relied on the records of and measurements taken by the Survey Department in the course of their ordinary official duties as evidence of the extent of the poramboke at the time of the survey. This he is entitled to do: and it is not within our province, sitting as Judges in second appeal, to determine whether it should be accepted as sufficient, or what weight on the other side should be given to the appearance of the ground at the time of suit or the existence of trees relied: on by the appellant.

3. The second appeal must be dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //