SURSINGJI DAJIRAJ THAKORSAHEB Vs. SECRETARY OF STATE

JUDGEMENT

(1.) In this appeal the plaintiff-appellant seeks a reversal of the decree of the Joint Judge, Ahmedabad, dismissing his suit on the ground that it is barred by limitation. The respondent has, however, filed cross-objection in regard to the finding of the Joint Judge in favour of the plaintiff on the merits. Therefore, the whole case is now before us for decision.

(2.) The first question is the point of limitation. The plaintiff is the Thakor of Utelia and owns certain villages as Talukdar, including the village of Hariala in the Matar Taluka of the Kaira District. In that village there is a group of lands, which has for a long time been known as "Bhavsingji's Wanta," The main facts about it are not disputed. These lands have, for a very large number of years, been shown in the village accounts as Wanta rent-free lands. On the other hand, in 1872-73, on a reference about them by the Revenue Authorities, Government held that these lands were improperly shown as alienated lands, not liable to assessment for the purpose of fixing the total Jama leviable for the village. The wrong description of these lands in the village accounts was not corrected until about 1918 when a revision survey was being introduced, and the plaintiff brought his suit against the Secretary of State in 1920 on the ground that Government were not justified in treating these lands as liable to Jama or assessment, and classing them as Darbari along with other Talukdari lands. He sought a declaration that these lands were not so liable, and he also asked for a permanent injunction restraining the defendant by himself, or any of his subordinate officers, from recovering such Jama or assessment.

(3.) The Joint Judge has held that, in view of the Government Order of 1872-7-3, the plaintiff had notice that no exemption from Jama was allowed in respect of these particular Wanta lands, also that Meghabhai Ratansing, as representing the Talukdar of Utelia, submitted a petition to the Talukdari Settlement Officer, on June 13, 1892, asking that Wanta land should be exempted from Jama, and that this also showed that the Talukdar had notice about the treatment of these lands by Government. Further correspondence carried on by the plaintiff since 1918 would not, in the Joint Judge's opinion, give him a fresh cause of action. Consequently, he held that the claim was barred by limitation.