BALAJI RAMCHANDRA DESHPANDE Vs. DATTO RAMCHANDRA

JUDGEMENT

(1.) The plaintiff has brought this suit for a declaration of his right as adopted son of Kondo Narayan Deshpande arid his widow Savitribai and to recover possession of the plaint lands. In the lower Court he has bean successful, and the defendant has appealed.

(2.) The points urged before us are: first, that the adoption is not proved; secondly, that, if proved, it is invalid; and thirdly, that in any case, it is ineffective to create a title in the plaintiff to so much of the plaint lands as are vatan property. It as the third of these points alone that calls for serious discussion, for Mr. Branson has in effect) conceded (after stating the facts) that the theory of Savitribai's being under sutak (which was relied on as a circumstance both invalidating and making improbable the alleged adoption) could not be supported on the evidence, inasmuch as the relationship that would impose sutak had not been proved. On a consideration of the facts I have no hesitation in affirming the decision of the Subordinate Judge as to the fact and validity of the adoption. Therefore, I at once proceed to the third and more important point.

(3.) The argument in favour of this line of defence is principally rested on the terms of the sanad settling the vatan property, which ran as follows: Whereas in the zilla of Satara certain lands and cash allowances are entered in the Government accounts of the year 1886-87 as held on service tenure (here follow the description of lands and cash allowances), and whereas the holders thereof have agreed to pay to Government a fixed annual payment in lieu of service. It is hereby declared, that the said lands and cash allowances shall be continued hereditarily by the British Government on the following conditions: that is to say, that the said holders and heirs shall continue faithful subjects of the British Government, and shall render to the same the following fixed yearly dues.... In consideration of the fulfilment of which conditions: 1st--The said lands and xash allowances shall be continued without demand of service, and without increase of land-tax over the above fixed amount, and without objection or question on the part of Government as to the rights pf any holders thereof, so long as any male heir to the vatan, lineal, collateral or adopted, within the limits of the Vatandar family, shall be in existence. 2nd--No nazrana or other demand on the part of Government will be imposed on account of the succession of heirs, lineal, collateral, or adopted within the limits of the Vatandar family, and the permission to make such adoptions need not hereafter be obtained from Government. 3rd--When all the sharers of the vatan agree to request it, then the general privilege of adopting at any time any person (without restriction as to family) who can be legally adopted, will be granted by Government to the vatan on the payment from that time forward in perpetuity of an annual nazrana of one anna in each rupee of the above total emoluments of the vatan.