SECRETARY OF STATE FOR INDIA IN COUNCIL REPRESENTED BY THE COLLECTOR OF KISTNA Vs. MAHABOOB SIR FRAZVANT SRI RAJA PARTHASARATHY APPA RAO SAVAI ASWARAO BAHADUR ZEMINDAR GARU

JUDGEMENT

(1.) The suit which has led to this appeal relates to a. village known as Ravicherla. It was granted to the ancestors of the plaintiffs by a sanad issued by the Government, dated the 2nd of May, 1843.

(2.) The grant contains two restrictive clauses one relating to the right of succession which provides that Ravicherla shall be held in perpetuity by the grantees and only such of their heirs could take as the Government might recognise for this purpose from time to time. The second clause, the one with which we are concerned in this appeal, imposes a restriction on the right of alienation, no transfer of the village being valid unless the previous consent of the Government has been obtained authorising such transfer.

(3.) The plaintiffs agreed to sell the property and the proposed vendee having regard to the second provision referred to above desired, them to obtain the consent of the Government to the sale. The plaintiffs accordingly, requested the Government to give consent, but the Government declined to do so. The suit was then laid against the Secretary of State arid the plaintiffs allege that the village, though it was nominally granted by the Government, was really. acquired as a result of a family settlement, the Government merely acting as mediators in the matter. The plaintiffs, urge that in any event the clause in question, imposing a restraint on alienation is void.