LAWS(PVC)-1878-12-3

GULABDAS JUGJIVANDAS Vs. COLLECTOR OF SUKAT

Decided On December 13, 1878
Gulabdas Jugjivandas Appellant
V/S
Collector Of Sukat Respondents

JUDGEMENT

(1.) THIS case, which has been argued necessarily at considerable length, in their Lordships' opinion resolves itself into the construction of a single document; but in order to make the question which arises intelligible a short statement of facts is necessary.

(2.) IN the year 1800, on the cession of Burnt to the East India Company, the then governor of Bombay granted a sunnud to Najamooddin Khan, who was the commander-in-chief of the forces of the Nawab, and was called the Buckshee. That document was dated the 22nd of June, 1800. Their Lordships think they are bound to accept the only translation of it in the record which appears to be properly authenticated, although a somewhat different version of a passage in it is to be found in the judgment of the subordinate Judge. After reciting that whereas by virtue of a compact and a convention made between the Government of the East India Company and the then Nawab, dated the 12th of May, 1800, to which also the seal of Najamooddin Khan had been affixed by way of attestation--Najamooddin being the person above referred to as the Buckshee--the management and collection of the land revenue, &c, of Surat, and the administration of the city, has been delivered over to the East India Company, the sunnud proceeds as follows: " Under these circumstances it has appeared incumbent and proper, in the view of the chief authority (Hoozoor), that some suitable provision should be made as a subsidy for the expenses of the above-named Mir Najamooddin Khan and his descendants; that is to say, by reason of close relationship, and being descended from the same ancestors as those of the Nawabs of the maritime city of Surat. Therefore, this has been settled by the instrumentality of the governor, who is the ruler of the maritime city of Bombay, &c., as follows:--That Mir Najamooddin, with his children or descendants, after the deduction of the income of the jaghire according to the particulars given at the foot hereof, that is now in the possession of the above-mentioned Khan, shall receive from the valiant English Company's Government the sum of Rs. 24,000 per annum by four equal instalments, commencing from the 15th of the month of May, corresponding with the 21st of Zilbaj in the above-mentioned year. Hereafter should it be necessary for the Government to resume the above-mentioned jaghire, given on account of maintenance or otherwise, the amount of the income thereof shall be received by the above-mentioned Khan, and his children or descendants, from the Treasury of the valiant English Company." There is a further provision that " on account of the merit and laudable qualities of the above-mentioned Khan, he is to receive during his lifetime Rs. 6000 per annum by four equal instalments;" and then are appended the particulars of the jaghire, consisting of nine mehals, the revenue from which altogether amounts to Rs. 6264. 4a. It has been said that another sunnud or other sunnuds of the same kind were given at the same time relating to other jaghires. That may have been so, but in their Lordships' view the question to be considered would not thereby be altered.

(3.) IN the year 1866 the present action was brought by the then representative of the banking firm against the Collector of Surat, Fatima, and three other persons, descendants of the sisters of Mohinooddin, of whom one has died and two have disclaimed, and with regard to whom therefore no question arises. The claim is in substance for an order against the collector, that he do pay the revenue of the villages to the Plaintiff, as mortgagee, the contention being that the mortgage bound the property in the hands of Fatima; and against Fatima for the payment of a lac of rupees minus one, alleged to be due for interest and principal upon the mortgage. The answer of the Collector is that he has a sum in his possession which he pays into Court, and that this is all which he had in the lifetime of Mohinooddin, after satisfying certain other creditors, and he denies his liability to make any payments to the Plaintiffs after the death of Mohinooddin.