RAJE SHRINIVASRAO Vs. RAJE VINAYAKRAO

JUDGEMENT

(1.) THESE consolidated appeals from a judgment and two decrees of the High Court of Judicature at Nagpur arise out of two suits brought by the respondent claiming a share of the income of certain jagir villages which are registered in the name of the appellant and they reveal a conflict of judicial opinion on a matter of substantial importance in Berar.

(2.) BEFORE slating the facts, which are peculiar to this case, it will be convenient to refer briefly to the background of history and law in which they are set. By a treaty made in the year 1853 the territory of Berar was ceded by the Nizam of Hyderabad to the British Crown. At once (as was contemplated by the treaty) the work began of investigating claims, briefly to be called jagir and- inam claims, to hold lands free of revenue under or by virtue of sanads granted by the Nizam or his Ministers, and it may be regarded as significant that the Government of India deemed it necessary, in view of the fact that conditions in Berar differed from those in other parts of India, to frame a separate set of rules for the settlement of such claims. In 1859 the Berar Inam Rules were sanctioned and brought into force, and they are applicable, subject to what will hereafter be said, to all grants made by the British Government or recognized by it as valid. Rule I. provided for the manner in which the validity of grants should be established. It may be observed here that, though in their origin these rules were intended only as instructions to the executive authority, they have been held to acquire the force of law. Rule II. provided for the division of inams into classes, the first class being described as "Personal jagirs," the second as Grants or endowments to religious or charitable institutions and for service therein, the third as Personal or subsistence grants. "Two other classes need not be mentioned. The distinction between" jagir "and" inam," which is sometimes made, in Berar at least, lies in this that the term" jagir "is applied to a grant of a village or group of villages while "inami" means a lesser grant. But generally a jagir is an inam.

(3.) AS has already been stated, this appeal arises out of two suits. In the first suit, which was brought in the Court of the Subordinate Judge, Malkapur, the respondent claimed against the appellant to be joint owner with him of two villages, Deodhaba and Kamardipur, and to recover from him Rs. 3,076 as his share of the income of these villages. In the second suit, which was brought in the Court of Small Causes, Malkapur, the respondent claimed against the appellant and one, Shankar Rao, the sum of Rs. 125, being one-half of the sum of Rs. 250 payable by Shankar Rao to the appellant in respect of the village of Makodi. It is convenient to state here that the respondent's claims in both suits were rejected by the trial judges. His appeal in the first suit to the District Judge, Akola, was dismissed. He appealed from that dismissal to the High Court at Nagpur and at the same time appealed for a revision of the order of the Subordinate Judge in the second suit. On December 16, 1940, the High Court delivered one judgment covering both matters, in which they upheld the claims made by him in both suits. Hence the appeal of the present appellant to His Majesty in Council.