SAHEBRAO NARAYANRAO DESHMUKHJAIWANTRAO YADAORAO DESHMUKH Vs. JAIWANTRAO YADAORAO DESHMUKHSAHEBRAO NARAYANRAO DESHMUKH

JUDGEMENT

(1.) THEIR Lordships have heard arguments in two appeals from the Central Provinces arising out of two suits between the same parties and connected with the same watan or hereditary endowment and will now proceed to dispose of them together.

(2.) THE first of these appeals is from a judgment in second appeal of the Court of the Judicial Commissioner in a suit filed in 1918 by the head of the junior branch of the watan family and his son to recover a one-half share of an annual payment of Rs. 768-8-0 made by Government to defendant No. 1 the head of the senior branch.

(3.) IN 1860 Achawit Rao, the great uncle of Saheb Rao, defendant No. 1 in the earlier and the plaintiff in the later suit, obtained from the Nizam's Government a sanad confirming and continuing to him on the death of his father Khooshalrao the watan (hereditary office) of Deshmukh of the Pergana Daryapur in Berar. Berar was one of the districts which had been assigned by the Nizam to the exclusive management of the Resident at Hyderabad under the orders of the Government of INdia by the Treaty of 1853; and as the Deshmukhs had already been relieved of what was formerly their principal duty, the collection of the revenue, the sanad, whilst continuing to the grantee "his usual Russoons, Huqs, Palanputt villages, share in the Mookuddumee of Daryapur, INams, Babs, Lowazmah of villages of his share," merely required him "enjoying the said Lowazmah and Huqs of his office of Deshmookee," to endeavour to encourage the increase of rayats and of cultivators of the land and the prosperity of the villages, and to be obedient to the Amils and Jaghidars and render them every assistance in his power and pay the Government dues in proper season." As will be seen, even these light duties disappear from the INam certificate of 1870, which continues the grant of the village of Lakhanwadi for personal maintenance to Achawit Rao, his lineal descendants and cosharers.