DOSIBAI Vs. ISHWARDAS JAGJIWANDAS

JUDGEMENT

(1.) THERE have been a great many proceedings in this suit, and the record is very bulky, but the facts material to the present appeal are few, and the questions short and simple.

(2.) ON the 24th of November, 1830, the Government of Bombay made a grant to one Ardesar in the following terms: In consideration of the active and zealous performance of the duties entrusted to him by Government, the Honourable the Governor in Council hereby gives and bestows upon Ardesar Bahadoor, son of Dhunjeesha, and his heirs for ever as jagheer the following four villages-Bhestan and Sonaree, in the Chowrasee pergunnah, Kumuara and Boreeach, in the Chiklee pergunnah, in the zilla of Surat, with the juma and moglaee "The moglaee of Bhestan is granted in jaghiri to Moolna Koot boodeen Husseen, and is consequently not included in this grant. Rupeea (525) five hundred and twenty-five." of the same, now yielding an average net sum of rupees two thousand nine hundred and ninety-two, one quarter and ninety-six reas (2992. 1. 96). The revenue of the said villages hereafter, whether more or less, to be collected by the said Ardesar Bahadoor and his heirs, from the 5th June, 1830, and such lawazims or huks as are at present settled on those villages are to be disbursed by the said Ardesar Bahadoor in the same manner as heretofore.

(3.) IN the year 1861 the mortgagee sued the then heirs of Ardesar, and obtained a decree, dated the 14th November, 1863, to recover the debt then due, nearly two lacs of rupees, from the four jaghiri villages, and from their income, and from the other propertied of Ardesar. In pursuance of this decree an attachment was obtained, and the four villages have ever since remained under attachment.