SURAJLAL MUNSHILAL Vs. SECRETARY OF STATE

JUDGEMENT

(1.) Until the year 1914, Sakarpur was a, Bhagdari village in Ankleshvar Taluka of the Broach District. In 1869-70, the survey settlement was applied to it and it was recognized as a separate Akari Bhag village, i.e., the bhags were assessed on separate survey numbers in each bhag; and, in addition to those lands, there was considerable vinghoti or non-bhagdari lands in the village area. Exhibit 124, which is the vahivatnama issued to the village, contains this claue: The Bhagdars must make the payments according to their respective instalments as at present (settled) or according as the Government may from time to time settle. In case a Bhagdar fails to pay, all the Bhagdars and Jathadars must pay the amount (Government dues) jointly and severally, and if the amount recovered falls short of the revenue fixed, Government is at liberty to exercise the power according to law to recover the balance together with interest and to discontinue the narva (system of tenure) and to introduce the vahivat (administration) according to the seja (system of tenure).

(2.) The village is situated on the southern bank of the Narbada river. Between the years 1873 and 1887, by reason of the continued encroachment of that river, a considerable portion of the cultivable land in Sakarpur and also the old village site were washed away. Since 1877, a remission of assessment was annually granted to the Bhagdars in respect of the lands lost by diluvion. This, however, was clearly against the spirit of the Bhagdari tenure, according to which the body of Bhagdars is responsible for the total land revenue of the bhag lands. After 1877, the river ceased to encroach on the village lands, and some time later an island began to form in the bed of the river. The island grew larger, until all that divided it from the old uneroded land was a narrow creek. After some years, the land thus re-formed was given out by Government at first as grazing land and later for cultivation. In some cases, where the land could be clearly identified by reference to the boundaries of the lands not washed away, many fields on the newly formed island were marked out and restored to the former holders without payment of any occupancy price. On May 5, 1914, the Collector, by his letter, Ex. 125, to the Commissioner N.D. proposed that this bet land should be treated as suitable only for annual disposal like the rest of the Narbada bets, and that it should be declared that the village itself was no longer held on the Bhagdari tenure. The Commissioner replied on July 20, 1914: At the time of the Revision Survey...many eroded survey numbers in this village were recorded as occupied and assessed. It appears...that the assessment on these numbers was retained in the records in the interest of the actual occupants who lost their lands by diluvion; the Bhagdars being unable to collect any revenue on the land, their responsibility under the agreement ceased. For the purposes of the tenure, these eroded survey numbers as well as any which have been relinquished, should be treated as permanently lost to the bhag. The area of the former should now be shown in the village accounts separately as river Kharaba and that of the latter as Government waste, both being excluded from the bhag area of the village, (Ex. 92)

(3.) On November 27, 1914, plaintiff and other Bhagdars made a joint statement (Ex. 95) as follows: With regard to the Bhagdari lands belonging to us situate at the village of Sakarpur, we agree that the bhag (tenure) in respect of the same may be cancelled and that the same may according to (our) occupation (kabja) be entered in our names under Government rayatvari (tenure), i.e., under the old tenure.