MADHAVRAO HARIHARRAO Vs. ANUSUYABAI EKNATH JAPE

JUDGEMENT

(1.) The plaintiff alleged that he was the saranjamdar of the ancestral saranjam village of Janu where the lands in question were situate; that the lands were given to the defendants ancestor on tenure in consideration of rendering certain shetsanadi services and that the lands continued in the defendants possession by virtue of that tenure; and that the defendants had no longer been rendering any service, and did not deliver possession of the lands though called upon to do so, and he prayed for possession of the lands. In the alternative he alleged that if it should be held that the defendants were not holding under a service tenure, he as saranjamdar was entitled to recover the assessment of the lands, and prayed for a declaration establishing his right to levy the assessment on the ground that he no longer wished to continue the land in inam with the defendants.

(2.) According to the plaint this is a hereditary saranjam village. Saranjams are held subject to the saranjam rules published by Government under the Schedule to Act XI of 1852. Rule 2 says:- A Saranjam which has been decided to be hereditarily continuable shall ordinarily descend to the eldest lineal male representative, in the order of primogeniture, of the senior branch of the family descended from the first British grantee or any of his brothers who were undivided in interest. But Government reserve to themselves the right for sufficient reasons to direct the continuance of the Saranjam to any other member of the family, or as an act of grace, to a person adopted into the family with the sanction of Government. When a Saranjam is thus continued to an adopted son, he shall be liable to pay to the Government a Nazarana not exceeding one year s value of the Saranjam.

(3.) Rule 5 says:- Every Saranjam shall be held as a life estate. It shall be formally resumed on the death of the holder, and in cases in which it is capable of further continuance, it shall be made over to the next holder as a fresh grant from Government unencumbered by any debts or charges save such as may be specially imposed by Government itself.