GOVINDRAO KRISHNARAO BHUSKUTE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order shall also dispose of Letters Patent Appeal No. 133 of 1956. Both these cases arise under the G. P. and Berar Revocation of Land Revenue Exemption Act, 1948, hereinafter called the Revocation Act. The facts alleged are as below.

(2.) M. P. No. 325 of 1955: The petitioners are descendants of Ramchandrarao son of Ballal, who had a brother by name Naro alias Narayanrao. The two brothers took service under the Peshwas about the year 1744 A. D. and subjugated the country west of the Ganjal, which was then called the Handia Sarkar. In reward for their services, they received in 1751 A. D. a hereditary office of Sir Mandloi and Sir kanungo in the Sirkars of Bijagarh and Handia, and the title of Bhuskute was also conferred on diem for having cleared the jungles and cultivated waste lands (Hoshangabad Gazette and pp. 97-98, Annexure XIV ). In the same year, they were granted 5 villages in Nimar and 2 villages in hoshangabad, districts, rent-free in perpetuity. Similar grants of other villages were also made in the years 1754, 1759 and 1767 A. D. In the year 1777 A. D. the Peshwas made a further grant of Jagir rights in village Timarni in Hoshangtbad district along with the fort situate therein. Similar rights in 2 more villages in hoshan gabad district along with the fort situate therein; Similar rights in 2 more villages in Hoshangabad district were also conferred on them in the year 1800 A. D.

(3.) WITH the disintegration of the power of the Peshwas, Handia and Nimar tracts were claimed by the Scindias who held suzerainty over them by virtue of a treaty with the British Government, dated 13-1-1844. Later, by another treaty dated 1212-1860, Maharaja Scindia of Gwalior transferred the two districts of Handia and nimar to the British Government in exchange for the territory to the north of barbuda. In Article 3 (4) of the treaty, it was agreed mutually that each government shall give to its new subjects Sanads in perpetuity for the rent-free lands, the Jagirs, the perquisites and the hereditary claims (Huqs and Wuttuns)which they enjoyed under the other Government. The rent-free grants to the bhuskutes were accordingly recognized and maintained by the British government.