VINAYAK HARI PARANJAPE Vs. PROVINCE OF BOMBAY

JUDGEMENT

(1.) This is an appeal from the judgment dated June 30, 1942, of Mr. M.B. Honavar, who was then Assistant Judge, Thana, whereby he allowed the appeal of the Province of Bombay, who was defendant No. 2 in the suit and dismissed the cross-objections of respondent No. 1 the plaintiff, who claims to be the mortgagee in possession of certain inam rights under a mortgage deed dated October 29, 1929. The only other party to the proceedings is the mortgagor, the inamdar, and he raises no opposition to the plaintiff's claim as mortgagee, which, so far as is material, is contained in paragraphs 1 and 5 to the prayer of the plaint: (1) It may be declared that the plaintiff is entitled to get his name as mortgagee in possession entered after the name of Sambhaji Shivaji Raje Shirke against the inam right in mouje Jamgaon and Kudli in the taluka of Roha and in mouje Vidhat in the taluka of Mangaon mentioned in Clause 3 above, in the relevant Government records. (5) Defendant No. 2 may be ordered to pay to the plaintiff defendant No. 1's amount that is credited with Government in respect of the inam right in the three villages mentioned in Clause 1 above and the amount that will be credited with Government every year hereafter till payment of the mortgage amount.

(2.) I must confess that I find the attitude of Government in this matter somewhat difficult to understand, for there is no doubt that the grant of this inam, which dates from before the British connection in India, is an absolute grant to receive one half of the revenue of these three villages and that the right is heritable, partible and alienable at will; nor is there any doubt that the mortgagor is the present holder of the inam rights, subject to the estate and interest therein of the appellant as his mortgagee.

(3.) There is no dispute between mortgagor and mortgagee. The only complication, if it be a complication, is the fact that the villages in question are khoti villages, that is to say that in ancient times the Rulers of those days granted heritable right to a khot to collect the revenue for which service, of course, the khot is not without his remuneration. In practice the khot having collected the revenue, accounts to Government for all he receives, and Government then pays the khot his commission and pays one half of the balance to the inamdar and retains the other half itself. In this case, Government refuses to recognise the mortgagee, though, as I have said, there is no dispute between him and his mortgagor, who raises no objection to the payment of his share of the revenue being made to the mortgagee.