LAXMANRAO MADHAVRAO JAHAGIRDAR Vs. SHRINIVAS LINGO NADGIR

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Bombay reversing the decree of the District Judge of Dharwar and dismissing the suit brought by the plaintiff, Laxmanrao jahagirdar of Hebli, for declarations (1) that the plaintiff and defendants Nos. 12 and 13 are and that the Nadgirs are not watandar patils and kulkarnis of Hebli village, (2) that the lands measuring 120 mars entered in the Watan Register of the village prepared under Bombay Act III of 1874 are not watan lands, (3) for a cancellation of the Register, (4) for a declaration that these lands were not liable for the remuneration of patils and kulkarnis, and (5) for the recovery of Rs. 969-0-8 levied from the plaintiff under Bombay Act III of 1874.

(2.) The plaint alleged that the grant to their ancestors in 1748 of the village included 200 mars of land assigned for the remuneration of the patil kulkarni and nadgir offices in the village, and also the offices themselves, that as the defendants ancestors who were the previous owners of these watans had failed to pay the judi and raised a rebellion, their watans had been resumed long before 1723, and so the watani nature of the lands came to an end; that ever since the establishment of the British Government the plaintiff's family had been in possession of all the said 200 mars, except 7 1/4 mars and 3 bighas and except 22 mars of which they had been deprived in a civil suit filed by defendants Nos 7 to 11 in 1867, and also had been in possession of all patilki and kulkarniki rights. They alleged that they were watandars of patilki and kulkarniki under the sanad of 1748, and, if not, were entitled to their offices by virtue of long possession. The proceedings of Government recognising the family of defendants Nos. 2 to 11 as watandars, and framing the Watan Register accordingly, and imposing a contribution on the plaintiff under Act III of 1874, were accordingly wrongful.

(3.) In paragraph 15 it was pleaded that the 200 mars were not now watan land, "the reason being that in the year 1858 the Inam Commissioner decided that the whole of the village of Hebli, including the land measuring 200 mars, is not watan, but that it is another kind of estate, and on date March 6, 1863 Government passed final orders to that effect in resolution bearing number 676. Although Jahagirdars and Nadgirs (meaning the family of defendants NOB. 2 to 11) were (the only) parties to that matter (i. e. inquiry) (still) the Government, Jahagirdars and Nadgirs are bound by this decision and the decision passed by the Settlement Officer in the year 1864 that only 7 1/4 mars and 3 bighas of land is liable to settlement." The cause of action, it was alleged, arose on October 7, 1908, when Government passed Resolution 10129 deciding that the Nadgirs were watandars depriving the plaintiff and defendants Nos. 12 and 13 of their rights, and making the lauds in possession of the plaintiff's family liable for the remuneration of the patil and kulkarni although they were not watani lands.