MAHARAJA OF PITTAPURAM Vs. PROVINCE OF MADRAS

JUDGEMENT

(1.) These are consolidated appeals from three decrees of the High Court of Judicature at Madras affirming three decrees of the Court of the Subordinate Judge of Coconada in suits instituted by the appellant, the Maharaja of Pittapuram, against the respondent, the Province of Madras, in which he claimed the ownership of certain alluvial islands called "lankas" in the bed of the river Godavari.

(2.) The facts of the case may be conveniently stated at this stage in broad outline. On 5-5-1803, a sanad or deed of permanent property was granted by Lord Clive, then Governor-in-Council of Fort St. George, to the appellant's predecessor- in-title, settling in perpetuity the assessment of the zamindari of Pittapuram and authorising the appellant's predecessor-in-title to hold the zamindari in perpetuity to his, heirs successors and assigns on condition of his performing certain stipulations specified in the deed and the duties of his allegiance to the British Government. The sanad did not define or describe the lands of the Pittapuram zamindari but it is not disputed that they included lands on the east side of the river Godavari and a number of lankas in the river bed. The village of Mulakallanka was part of the lands included in the zamindari at the date of the sanad, and it is near this lanka that the lankas which are the subject of the salt are situated. These lankas did not exist in 1861, for in that year the Revenue Department of the Government of India had the locality surveyed and the survey plans show no trace of their existence. They had appeared, however, by 1901, as is shown by the survey of the river undertaken then by the River Conservancy authorities. The exact date of their appearance is unproved, but after their formation, the then zamindar of Pittapuram took possession of them and leased such portions as were suitable for cultivation to tenants. This continued until the year 1921 when the appellant was called upon to show cause why he should not be proceeded against under the Madras Land Encroachment Act of 1905 for unauthorised occupation of land belonging to the Government. After much correspondence a demand for the revenue assessed on the new lankas for the years 1917 to 1926, amounting to Rs. 116,229-2-8, was made upon the appellant who paid it under protest on 1-6-1927. On 26-6-1927 the appellant was called upon to vacate the new lankas and was informed that in default he would be summarily evicted. Thereupon he instituted the present proceedings by filing his plaint, in what came to be known later as the main suit, in the Court of the Subordinate Judge of Coconada on 4-7-1927. Plaints in connected and supplementary suits were filed in the same Court on 8-6-1929, and 30-9-1930 respectively. In the main suit he prayed for inter alia a declaration that he was the owner of the 18 lankas and for directions to the respondent to refund the sum of Rs. 116,229-2-8 which he had paid, under protest, as revenue due thereon.

(3.) The appellant originally based his claim chiefly on the proposition that the English Common Law rules governing riverain rights apply in Madras and that the bed of a navigable river, except where it is tidal, vests in the riparian proprietors and not in the Crown; but partly on the ground that the lankas claimed by him are comprehended within the area granted to his predecessor by the sanad, and partly also on the ground that the new lankas were accretions to or re-formations in situ of old lankas which were admittedly part of his property, and from which the new formations became separated in course of time through natural causes. He also claimed by adverse possession but this ground was abandoned when the case reached the High Court