SHRINIVAS LINGO NADGIR, LAXMANRAO MADHAVRAO JAHAGIRDAR AND LAKSHMAN NARSINGRAO JAHAGIRDAR Vs. SECRETARY OF STATE FOR INDIA

JUDGEMENT

(1.) [After setting out the pleadings his Lordship said:-] Exhibit 471 is a memorandum dated the 12 November 1864 written by Col. Etheridge as Alienation Settlement Officer S.D. in reply to the Revenue Commissioner's endorsement of the 6 September. That document is not forthcoming but it would seem as if an inquiry had been made regarding certain lands which are set out in the memo. Items 16 and 17 are the 120 Mars now in suit. The memo para 4 says:- These items were all settled to be Kadim in 1862 by Major Etheridge upon the evidence then forthcoming which although defective was the best procurable. There was no evidence available from the Peshwai records. It is remarked, however, that the land rolls referred to in the para preceding show that the Heblikars at the date of the acquisition of the village did not receive the items 15, 16 and 17 occupying 200 Mars as bona fide Khalsat but as Kamavishi, though as it appears from an order dated 1792 from P.R. Patwardhan a competent authority to Trimbakrao Anna, the Subedar of Dharwar Taluka, that the Kamavishi management at that date still remained as before and as there is nothing to show that any subsequent period even up to the present time had been altered with the exception of 71/4 Mars 13 bighas which at some time unknown had reverted to the Nadgirs, it may be allowed that the Kamavishi management of the remaining 1921/2 Mars and 6 bighas has assumed a permanency of tenancy which cannot be justly interfered with.

(2.) Major Etheridge then recommended that 71/4 Mars and 3 bighas should be made amenable to settlement as held from Government when the orders for the settlement of alienated villages should be authorised. The remainder Major Etheridge thought should belong to the Heblikars.

(3.) With regard to this document the learned Judge remarks:- Exhibit 471 embodies the decision of the Inam Commissioner referred to in issue 10. The decision is in the form of a recommendation to Government. The decision is one under Bombay Act XI of 1852, although Col. Etheridge signed as Alienation Settlement Officer Col. Etheridge was both Inam Commissioner under Act XI of 1852 and Alienation Settlement Officer. The inquiry made under the Act in question related to claims against Government on account of Inam and other estates wholly or partially exempt from the payment of land revenue. It is hardly necessary to observe that the Act applied to the Watan lands of village officers and servants (See Schedule B, Rules VIII, X).