RAMRAO GOVINDRAO Vs. SECRETARY OF STATE FOR INDIA

JUDGEMENT

(1.) One Pandurangrao, the grandfather of the plaintiff and the second defendant, was the owner of one-fourth share of the Hebli estate in the Dharwar district. On his death in 1899, Government on the ground that the property was Saranjam resumed. Pandurangrao's one-fourth share and granted it to Narsingrao. That order was cancelled by the Secretary of State and by his orders the property was granted to Vithalrao, the second defendant.

(2.) The Collector of Dharwar, as the guardian of Vithalrao, has taken the property into his possession and the plaintiff, who claims to hold as one of the heirs of Pandurangrao on the footing of the estate being a Sarva Inam of Pandurangrao, sued the Secretary of State and Vithalrao for a declaration of title and for possession. He seeks to have it declared that the immovable property in suit is the Sarva Inam property of the plaintiff and cannot be taken from his possession by Government or its officers or re-granted to any one else.

(3.) The question whether the Hebli estate was Sarva Inam or Saranjam, was decided by the Inam Commissioner, Major Gordon, in July 1858, under the provisions of Act XI of 1852. The Inam Commissioner then recorded his decision that the claimant's title (the claimant being an ancestor of the plaintiff) to hold Kasba Hebli in Sarva Inam was invalid, and he held that it was in fact a Saranjam property.