TMI Blog1924 (6) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... ch Art. 3 is as follows: The Maharaja, transfers to the British Government in full Sovereignty the whole of His 'Highness ' possession in the Panch Mahals and to the south of the river Narbada also Pargana Kumghar on the Betwa river on the following conditions :- 1st. That for the lands transferred by His Highness, the British Government shall give in exchange lands of equal value calculated on both sides on the present gross revenue. 3rd. That each Government shall respect the conditions of existing leases until their expiry, and that in order that this may be made clear to all concerned, each Government shall give to its new subjects leases for the same terms of years and on the same conditions as those which they at present enjoy. 4th. That each Government shall give to its new subjects 'Sanads' in perpetuity for the rent-free lands-the Jageers, the perquisites and the hereditary claims (i.e., 'Huks and watans') which they enjoy at present under the other Government. 3. Their Lordships will have occasion presently to enquire into the circumstances of an earlier date, but, for the moment, they pause at this date because what happen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n when, in paragraph 6 of the plaint, they say: after the advent of the British rule the ancestors of the plaintiff used to be treated as proprietors of the estates in the same way as the other Talukdars in the Panch Mahals. But in truth no plea specifically using the words Act of State is required. If there existed a right, either admitted or that could be established by decree of Court, and that right it was alleged was taken by an Act of State, it would be necessary so specifically to plead, but that is not the situation. The moment that cession is admitted the appellants necessarily become petitioners and have the onus cast on them of showing the acts of acknowledgment, which give them the right they wish to be declared. The other point was that, in virtue of certain general declarations, the appellants became entitled to enforce the treaty. The general declarations will be subsequently examined. If they give a right of themselves well and good, but they can never have the effect of altering the law as above stated ; that is to say, of making the appellants, so to speak, a party to the treaty with a right to enforce the conditions of the same in a Municipal Court. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a sample. The jammabundi for each year is fixed at ₹ 5,617-5-3. This was made up of ₹ 5,000 for the jammabundi revenue, ₹ 217-2-5 for a balance and ₹ 600 a debt due to Jamadar Satarkhan. This last was an old debt due by the Naik which the Government was making him pay. Cl. 2 provides for the Naik finding security from a banker, a proceeding unnecessary if the land could have been attached, but quite necessary if the lessee was not proprietor but merely a farmer of revenue. Then there is a clause binding the Naik at the termination of the potta to hand over the villages to the Government. 6. In 1860, in December, as already stated, came the cession. Immediately after the cession the Government set itself to enquire what were the estates transferred and what were the tenures of their new subjects. This was necessary, first of all, because as land of equal value elsewhere was to be ceded to Scindia, it was necessary to note the exact value of what had been taken over, and also because undoubtedly the Government wished to give effect to the terms of the treaty above-quoted 'and in particular to the fourth head of the 3rd clause. Accordingly Captain Buc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the villages. Hence this question is decided accordingly. The Pottas of the three Talukas are to be continued till the survey takes place. The Survey Department has taken the to gonometrical Survey of the three Talukas and it may be suitable to fix the amounts of the Pottas, keeping in view the trigonometrical measurements at the time of the Survey. No hereditary right of the Naiks is admitted in the preparation of the Pottas. 8. In 1881, the survey having been introduced, the Government came to a resolution as to what leases should be granted. They were to be on a sliding scale calculated on the survey assessment and allowing the Naiks a 10 per cent, margin. This proposal must have been communicated to the Naiks, though there is no direct evidence to that effect, for in 1883 there is a petition from the Naiks complaining of the proposal as calculated to impoverish them; complaining of the taking away of the forest land, and offering as evidence of right a document granted in Scindia's time. This petition was refused in 1883 and the refusal communicated to the Naiks. In 1887 the question of the forest land arose in an acute form. The Naiks petitioned against, the taking of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ials were anxious that no new leases should be granted to the Naiks, but that the whole villages should be made khalsa. The Government, however, determined that the Naiks should have another chance, and the leases were offered, upon which they took the present proceedings. 12. It is abundantly clear from what has been above set forth that, although the Government officials took great pains to determine what was the position of the Naiks, they came to the conclusion that their rights were not those of hereditary proprietors To say that is, in view of the law as laid down above, to say enough, but their Lordships will notice what has been urged on the other side. It is pointed out that the Naiks have been in the saddle for a long time. This is true, and it is to this fact that they held their position as lease-holders at all. But for that long possession the villages would have been made khalsa as others had been. 13. Then it is said that, by the terms of certain proclamations, the Government acknowledged the right. The proclamations in 1852, when there was merely a transference for administration purposes, are neither here nor there. When we come to the cession the proclamatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , and requested that the term Talukdars should be used. The Government reply is as follows :- In reply to his petition, dated 26th September, 1898, to the address of Government, Naik Ratansingh Pratapsing of Tanda in the Dohad Taluka of the Panch Mahals District, is informed that Government have no objection to his being addressed as ' Talukdar ' instead of a ' Patadar ' in official communications, but it should be distinctly understood that this concession will not in any way affect the orders passed by Government in May, 1880, regarding the tenure of the Petitioner's holding. 15. Now, the resolution of 1880 referred to was the foundation of the proposals as to the 10 per cent, margin which denying the proprietary rights of the Naiks, was objected to by the petition which was refused in 1886. 16. For these reasons their Lordships are satisfied that this appeal must be dismissed with costs, and they will humbly advise His Majesty accordingly. 17. Their Lordships feel bound to call attention to the state of the record. In the teeth of directions issued from the office no trouble whatsoever had been taken with the arrangement of the record, and i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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