SRI RAJAH MALRAJU LAKSHMI VENKAYAMMA RAO BAHADUR ZEMINDARINI GARU Vs. SECRETARY OF STATE FOR INDIA IN COUNCIL REPRESENTED BY THE COLLECTOR OF KISTNA

JUDGEMENT

(1.) These are five suits brought by the wife of a zemindar challenging the right of Government (the defendant) to enfranchise service inam lands, three of which relate to talayaris and two to karnams. The lower Courts have concurred in dismissing the suits, and plaintiff appeals.

(2.) The burden of proof has been correctly cast. The onus originally rested upon plaintiff to prove her claim. She has proved that these inams were within the ambit of the zemindari. Then it rests with the defendant to prove that they were excluded from the zemindari, and the right of enfranchisement belongs to Government.

(3.) The documents upon which the defendant relies are mustered in para. 5 of the lower Appellate Court judgment, and we agree with the lower Courts that their combined effect is to show that these inams were granted before the Settlement of 1802. Particularly significant is Ex. II-D which shows the manyams enjoyed "up to Fasli 1212"; and there is nothing produced by plaintiff, or otherwise upon the record, to suggest that any inams were granted subsequent to that date.