DEVAGUPTAPU NARASIMHAM Vs. DEVAGUPTAPU CHENDRAMMA

JUDGEMENT

(1.) The plaintiffs are the nearest heirs of one Venkataraju in whose favour (with others) three inam title deeds were issued in 1906 and. 1907. Both the Lower Courts have found that as Venkataraju was dead on the day on which these title deeds were issued he obtained no right to the suit property, and therefore the plaintiffs as his heirs have got no right.

(2.) The title deed runs as follows: Title deed granted to (I) Devaguptapu Subbarayudu, (2) Devaguptapu Chendramma, (3) Devaguptapu Venkataraju and four others as per register, and it recites: The inam is now confirmed to you, your representatives and assigns, to hold or dispose of as you or they think proper.

(3.) The question at issue is whether this is a grant to Venkataraju and his representatives and assigns, or whether these words are words of mere limitation as contended for by the respondent. The treatment of such words as being words of limitation is a legal technicality and the question is, whether the Government in issuing this deed intended to adopt this technicality or whether they intended to use the words in their ordinary meaning. The words are, no doubt, ambiguous. Therefore, I think, it is relevant to refer to the Board's Standing Orders, Order 52 (2) which deals with this question. There it is laid down: In case of the death of the holder of an enfranchised inam before the actual delivery to him of the title deed, the deed should, in the first place, be entrusted to the Revenue Authorities for safe custody. The Collector should make inquiry as to who is the party entitled, as heir of the deceased, to receive the deed, and is enjoined to hand it over, exactly as received, to the heir of the deceased.