Satish Chandra, J. - (1.) This special appeal is directed against the judgment of a learned single Judge of this Court dismissing a petition under Article 226 of the Constitution. The appellant filed the writ petition for a direction to the State of Uttar Pradesh, the respondent, not to interfere with the appellant's jagirdari rights in respect of the mentioned villages and to pay to the petitioner the jagirdari dues at the rate of Rs. 10,000/- per annum from July 1952 to the date of the actual removal of interference.
(2.) The appellant alleges that Raja Mahip Narayan Singh of Banaras conferred a Jagir of 41 villages situate in the district of Ballia on Dewan Krishna Kant Nandy, the ancestor of the appellant. This Jagir was recognised by the East India Company and on January 10, 1785 Mr. Warren Hastings, the Governor General, by a fresh sanad assigned the same 41 villages as Altamga Jagir of Rs. 10,000/- on Dewan Krishna Kant Nandy. The Sanad mentioned that the grant was being made for purposes of defraying the expenses of worship etc., of the deities. By a deed dated 19th day of the month of Ramzan, A.H. 1207 corresponding to the year 1793 Dewan Krishna Kant Nandy created a trust of the income of this jagir in favour oi the deity, in the settlement of 1841 Dewan Krishna Kant Nandy was entered as a jagirdar of these villages entitled to land revenue. The zamindar's of these villages were charged with the duty of paying the annual land revenue of Rs. 10,000/- to the Jagirdar, namely, Dewan Krishna Kant Nandy or to the Government in the event of the resumption of the jagir.
(3.) On the death in 1844 of Raja Krishna Nath, a descendant of Dewan Krishna Kant Nandy, certain disputes arose with the Government. Rani Swarnamayee, the widow of Raja Krishna Nath, filed a suit which was decreed in the year 1860 by the Sadar Dewaney Adalat of North West Provinces on the finding that the Sanad conferred a perpetual heritable grant. This decision is reported in 1860 S.D. of N.W.P. at page 705. The appellant goes on to state that since 1785 Dewan Krishna Kant Nandy and his descendants have been realising the land revenue of the said villages. Various zamindar's of these villages defaulted in payment of the revenue. Suits for realisation of arrears of land revenue were filed against them and in execution of the decrees the appellant's ancestors purchased the zamindari rights of the defaulting zamindar's. Thus in 1952 when the U.P. Zamindari Abolition and Land Reforms Act came into force, the appellant claims to have held two distinct rights; jagirdari rights in respect of all the villages covered by the Sanad in addition to the zamindari rights in respect of some of them by purchase in execution of the decrees.;