KANDULAM KRISHNAMACHARLU Vs. SATHULURI VIJAYASARATHY

JUDGEMENT

(1.) The plaintiffs are the appellants before me. The suit was brought by them as reversioners to recover possession of certain properties alienated by the widow of the last male owner. The last male owner was one Vijayasaradhi who died in 1867. He died while he was a minor. In the year of his death the two alienations in question were effected on behalf of the widow by her father by Exhibits 1 and 2. Two points arose for decision in the case, (1) whether the plaintiffs are the reversioners of Vijayasaradhi and (2) whether the alienations are binding on the reversioners. The District Munsiff decided both the points in favour of the plaintiffs and gave a decree. On appeal the Subordinate Judge found both the issues against the plaintiffs and dismissed the plaintiffs suit. Hence the plaintiffs have filed the second appeal.

(2.) In second appeal both the findings of the Subordinate Judge are attacked before me. Taking the first point namely that of reversionership, the Subordinate Judge found that two of the Inam statements relied on by the District Munsiff namely Exs. A and C. were irrelevant and wrongly admitted by the District Munsiff. I think the Subordinate Judge is right in this. These inam statements Exhibits A and C purported to be filed on behalf of Buchamma but were actually signed by Komandu Krishnamachari, her brother's son. It is true that one of these, Exhibit C, contains statement purporting to be made by her, but the fact remains that Exhibits A and C were signed only by him and there is no other evidence to show that she actually dictated the contents to him or got them written under her directions and so on as in Shahjadi Begam V/s. Secretary of State for India (1907) 34 Cal. 1059. Krishnamachari is not a member of the Kandalam family with which we are concerned, nor has he married a member of the Kandalam family. That being so, his statement, unless there is other evidence that he has special means of knowledge, is not relevant vide Sangam Singh V/s. Rajan Babu (1886) 12 Cal. 219, Jagratpal Singh V/s. Jageshar Buksh Singh (1903) 25 All. 143 and Taylor on Evidence, Section 636. The case of Sham Lall Singh V/s. Radha Bi Bee [1879] 4 C.L.R. 173 relied on by Mr. Lakshmanna cannot help him. There it was shown that the person whose statement was sought to be admitted was a family priest. This corresponds to evidence that he had special means of knowledge. In Suraj Bali v. Tilokchand [1916] 3 O.L.J. 327 the deponent was the son-in-law of the family. This falls within the rule stated above and cannot help in this case where the person was only connected or related through the marriage of some other and not his own marriage to the family in question.

(3.) The next complaint made against the Subordinate Judge's judgment on the first point is the manner in which he dealt with exhibit B. Exhibit B is an inam register. As to this the Subordinate Judge says: - There is absolutely nothing to show that there was an enquiry by the inam commissioner as to the correctness of the pedigrees produced on behalf of Buchamma and that any decision was arrived at by him." I think the Subordinate Judge is wrong in this statement. As pointed out in Pir Pacha Sahib V/s. Mahamod Suhumudin Sahib A.I.R. 1924 Mad. 491 the inam register embodies the conclusion of the inam Commissioner on such enquiry as he chooses to make upon the statements filed before him. The presumption is that inam registers in the country embody the findings of the Inam Commissioner after such investigation. There is no rule prescribing the extent of the investigation to be made by the Inam Commissioner. In Arunachala Chetty V/s. Venkatachalapathi Guruswamigal A.I.R. 1919 P.C. 62, the Privy Council have pointed out that Inam Register is a great act of State and is entitled to very great weight. It may be in particular cases some reasons may be given why the inam register might be discounted, but the particular reason given by the Subordinate Judge in this case is no reason at all, for he expects some proof that the Inam Commissioner made some actual enquiry a proof which is impossible and a proof, which cannot be adduced, whereas as pointed out in Pir Pacha Sahib V/s. Muhamad Buhimudin Saheb A.I.R. 1924 Mad. 491 the presumption is that he made such an enquiry. Secondly, the Subordinate Judge says : "There is absolutely nothing to connect the plaintiffs with Kandalam Raghavacharyalu referred to in the 4 sheet of Exhibit B." In this again, I think, he is wrong and he has not applied his mind to the facts and documents in the case. Rnghavacharyulu is another co-sharer according to exhibit B. The evidence on behalf of the plaintiff's shows that the share then enjoyed by Raghavacharyalu and his brother Ananthacharyalu is now enjoyed by the two plaintiffs and unless these witnesses are disbelieved, it is impossible to say that the Raghavacharyalu in the Inam Register is not connected with the present plaintiffs.