COLLECTOR OF MADURA Vs. RAMASAWMI CHETTI

JUDGEMENT

(1.) THIS was a suit brought by the Collector of Madura, acting for the Court of Wards, on behalf of the minor zemindar of Ramnad, against the Defendant, to recover possession of the village of Selugai, and also to set aside a lease of that village granted by the late zemindar of Ramnad, the minor's father, in the year 1870. The learned Counsel on the part of the Appellant, the Defendant below, has not sought to impeach the judgments of the Courts below so far as they set aside the lease of 1870, but his contention has been directed to establish a former puttah which had been granted by the late zemindar to the Appellant's father in the year 1867. It does not appear that the question which has been argued at the Bar was the subject of decision in the High Court. The judgment of the District Judge of Madura proceeded upon the footing that the document of 1867 was inadmissible in evidence. It is an unregistered document made before the birth of the present Plaintiff. The District Judge also held that the lease of 1870, which was registered, did not bind the minor Plaintiff, inasmuch as it was granted after his birth, and upon considerations which did not support it against his inchoate title. Their Lordships feel regret and some surprise that the Judges of the High Court have given no reasons for their judgment; none have been reported to their Lordships.

(2.) THE sole question which is now before their Lordships is whether the document of 1867, in consequence of its not having been registered, is admissible in evidence and affects the estate; the point for decision being whether it is a document that falls within the General Registration Act, No. XX. of 1866.

(3.) THE document on which the question arises is dated the 15th of April, 1867, and professes to be a lease from the late zemindar to Arunachalam Chettiar. Its terms are these: " In consideration of the assistance you have rendered to this samastanam (zemindary), you requested that the kasba (chief) village of Selugai, in Selugai division in Rajah-Singamangalam Firka, should be leased to you; for forty years, fixing a favourable poruppu." "The aforesaid Selugai village "--describing it--" has been accordingly leased to you for forty years from this Fusli 1276 up to Fusli 1315, fixing the poruppu at Rs. 400 per annum." It may be stated, in passing, that it is found that the value of this village was Rs. 1700 per annum, so that it was obviously a favourable lease, which was intended to confer a valuable interest on the lessee. " You shall, therefore, raise the required crop and enjoy; and, agreeably to the kararnama (agreement) you have given, you shall continue to pay the fixed poruppu according to the instalments of kist year after year."