MAHARAJA OF KOLHAPUR Vs. SSUNDARAM AYYAR AND 15 ORS
LAWS(PVC)-1924-1-97
PRIVY COUNCIL
Decided on January 21,1924

MAHARAJA OF KOLHAPUR Appellant
VERSUS
SSUNDARAM AYYAR AND 15 Respondents

JUDGEMENT

Charles Gordon Spencer, O C J - (1.) In A.D. 1674 during the reign of the great Moghul Emperor Aurangzeb, Ekoji alias Venkaji took Tanjore from its Nayak Rulers without firing a shot. This Mahratta General was the son of Shahji who had attained military distinction under the independent Muhamadan States of Ahmednugger and Bijapur and in the course of one of his military expeditions had levied a contribution from the Nayak Chiefs of Tanjore and Madura in the South Carnatic country.
(2.) Ekoji's grandfather was Malloji, a Mahratta of the Bhonsle family, who distinguished himself under Jadava or Jadow Rao, a Mahratta Chief in the service of the Ahmednugger Government, and won the hand of his daughter Jiji Bai for his elder son Shahji. Shahji by his first wife Jiji Bai was the father of the famous Sivaji who founded the Mahratta Empire in the Deccan in the 17 century, and by his second wife Tukka Bai, daughter of Mahratta parents with the surname of Mohitai, was the father of Ekoji, the founder of the Mahratta dynasty in Tanjore. When Shahji died from a fall in the hunting field, Ekoji performed his funeral rites and was confirmed by the Bijapur Government in the enjoyment of the fiefs of 7 Bangalore and Tanjore. In 1677 the forces of Ekoji and those of his half brother Sivaji came into conflict but by a compromise the former was allowed to retain Tanjore. In 1680 Sivaji got Tanjore and other territories ceded to him by the Bijapur Government, but in the same year Sivaji died and Ekoji retained his hold on Tanjore.
(3.) Ekoji died in 1686 or 1687 leaving 3 sons, Shahji II, Sarabhoji, and Tukkoji who each in turn succeeded to the Raj. During the reign of the first named, there were two invasions led by generals of the Moghul Emperor and considerable sums were levied from Tanjore as indemnity coupled with a promise to pay annual tribute to Delhi. After Tukkoji died in 1735, his legitimate son Baba reigned for about a year, and then was succeeded by his widow Sujana Bai whose regency only lasted for a short period. Two years of revolution followed. A pretender known as Savai Shahji or Katturaja, which signifies in Tamil "Jungle King," usurped the throne with the aid of a Muhamadan commander of the Fort named Said. The usurper was assassinated, and the principal men in the State assisted by Said "the King maker" first put Saiyaji, the second legitimate son of Tukkoji on the musnud and secondly Pratapa Singh, the son of Tukkoji by his sword wife Annapurni, Pratapa Singh's first act was to have Said put to death. He ruled for 24 years and during his reign his forces came into conflict with the army of Mahomed Ali, the Nawab of Arcot, and with the troops of the East India Company sent to aid the deposed Saiyaji, and with the French under Lally. In 1762 by the intervention of the British a treaty was concluded under which the Raja of Tanjore agreed to pay tribute to the Nawab at the rate of four lakhs of rupees annually. Pratapa Singh died in 1763 and was succeeded by his son Tulsaji. In 1771 and 1773 Tanjore territory was twice invaded by the British from Trichinopoly. On the second occasion the Fort was taken and the Raja and his family were made prisoners, but in 1776 under the orders of the Court of Directors he was restored to all his territories and became an ally of the British under a treaty by which he had to pay an annual subsidy of 14 lakhs of rupees and his State became a Protected State under the Company's Government. On Tulsaji's death without issue in 1787 his half brother Amar Singh, son of Pratapa Singh by a sword wife, succeeded and concluded two treaties with the British in 1787 and 1792, but he was deposed in 1798 in favour of Serfoji, an adopted son of Tulsaji, whose tutor and guardian Mr. Swartz of the Danish Mission was able to satisfy the Court of Directors through a memorial Exhibits A-455 and 456 presented to the Governor-General Lord Cornwallis that the verdict of the Pandits which had previously been pronounced against the adoption was erroneous in law and had been obtained by corrupt 7 means.;


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