DATTATRAYA KRISHNA RAO KANE Vs. SECY OF STATE

JUDGEMENT

(1.) This action is brought by the plaintiff, on behalf of himself and other izardar and inamdars who hold land in the territory known as the Berars against the Secretary of State for India in Council, to have it declared that the Act passed in 1921, which one may call shortly the Berar Tenancy Act, is invalid. It is said to be invalid because it is in conflict with and purports to take away rights which the plaintiff and those whom he represents allege were given to them by grant from the Government of India.

(2.) The position as it exists is due, in the first instance, to the treaties that were made between the, Crown and His Highness the Nizam of Hyderabad. The first treaty was made in 1853, and by the terms of that treaty His Highness the Nizam assigned the districts mentioned in the schedule, which include the territory of the Berar, to the exclusive management of the British Resident for the time being at Hyderabad, and to such other officers acting under his orders as might from time to time be appointed by the Government of India. That was for the purpose of paying the Hyderabad Contingent and certain other expenses. On 26 November 1860, a further treaty was made between Her Majesty Queen Victoria and His Highness the Nizam, by which the Nizam agreed to forgo all demands for an account of the rents and expenditure of the assigned districts, and by Art. 6 it was provided as follows: "The districts in Berar already assigned to the British Government under the Treaty of 1853, together with all the surf-i-khas talooks comprised therein, and such additional districts adjoining thereto as will suffice to make up a present annual gross revenue of thirty-two lakhs of rupees currency of the British Government, shall be held by the British Government in trust for the payment of the troops of the Hyderabad Contingent, Appa Dessaye's chout, the allowance to Mohiput Ram's family and certain pensions mentioned in Art, 6 of the said Treaty.

(3.) In 1902, however, a permanent arrangement was made between the government of India and His Highness the Nizam, whereby His Highness the Nizam, whose sovereignty over the assigned districts, was reaffirmed, leased them to the British Government in perpetuity, in consideration of the payment to him by the British Government of the fixed and perpetual rent of 25 lakhs of rupees. By Cl. (2) it is provided: "The British Government, while retaining the full and exclusive jurisdiction and authority in the assigned districts which they enjoy under the Treaties of 1853 and 1860 shall be at liberty notwithstanding anything to the contrary in those Treaties, to administer the Assigned Districts in such manner as they may deem desirable.