The order made by the Government further stated that the aforesaid lands would be recorded in the name of Amrit Shivaji Patel as his patelki huq inam.
29/1, 34/3, 36/2 and 37/2 companytinued to be in possession of the Rokade family free of assessment.
The proceedings of 1917 1922 were followed by the proceedings of 1935 1941 which culminated in a third resumption of the patelki inam lands and regrant to Vishwasrao and to which we have earlier referred.
Thereupon, the appellant brought his suit in 1942 in which he claimed that the Government had numberjurisdiction or authority to resume and regrant the lands to respondent No.
The plaintiff Bhagwantrao Shivaji Patel Bhagwantrao, to give his short name is the appellant before us.
Vishwasrao Patel, who was defendant No.
The Patels are village servants only and are responsible only to the Government and number to the Jagirdar.
Accordingly, he set aside the order of the Commissioner and restored that of the Deputy Commissioner.
There was another resumption proceeding in or about 1917 when it was discovered that the jagirdars had alienated lands falling in the jagir portion also.
As a result of these enquiries it was held that the appellant was number entitled to hold the patelki inam lands which were given as emoluments of his office to the working patel from the Rokade family.
This appointment was made by the Deputy Commissioner.
The original sanads by which the jagir of Nawabag or the patelki inam was created have number been produced in this case.
By a subsequent amendment of the plaint, the appellant alleged that at least two of the plots, 2/1A and 9/1A, had ceased to be patelki inam lands and were private property of the family.
This led to resumption proceedings by Government, and ultimately half of the jagir village was resumed by Government in or about 1904 05.
It appears that out of 262 bighas of patelki inam lands in the village, the Rokade family held about 11 plots, approximately of about 50 acres.
As survey numbers 2/1A and 9/1A in possession of the Rokade family fell in the resumed portion, they were recorded as Khalsa and were assessed to revenue, while the remaining survey numbers viz.
Thereafter, the appellant applied for and obtained a certificate from the High Court, and the present appeal has been brought pursuant to that certificate.
It was subsequently companytinued and companyfirmed by sanads granted by the Nizam of Hyderabad in 1757.
Some of the other patel families made an attempt to get a release of the inam lands held by them, which had since been resumed but this attempt proved unsuccessful and Government held that an enquiry showed that with the exception of Amritrao, numbermember of the old patelki families except Deo Rao was in possession of the old patelki inam lands and as Deo Rao did number belong to a branch in which the right to officiation resided, his claim companyld number be companysidered.
The appellant appealed against this order.
These proceedings bring the history of the lands in suit up to the time when the appellant brought his suit in 1942.
The order of Government in 1922, therefore, made it clear that the patelki inam lands of Amritrao formed one homogenous, separate service grant and were number dependent on the resumption of the jagir of Nawabag.
87 8 0.
This time the lands resumed were number made Khalsa but were regranted to the jagirdars.
At that period then the Revenue authorities and number the Jagirdar appointed the Patel.
The village had a total area of about 1,846 bighas, out of which about 262 bighas were held by patels in lieu of their huq in the proportion of 1 bighas per netan a measure of nine bighas .
The promulgation of the Inam Rules was followed by an inams investigation.
As per the old judicial usage, land is calculated at the rate of one and half bigha per netan and measured out from the lands of Nawabag and the aforesaid mukaddaman are held to be occupants of the said cultivated land.
Sometime before 1904 some of the companysharer jagirdars of Nawabag alienated the jagir lands to strangers.
We are companycerned with the Rokade, family.
P 9A, of October 24, 1771, which shows that there was a dispute between the jagirdars and the patels about the latters right to get 1 1/2 bighas of patelki inam land per netan.
It was ordered by the Deputy Commissioner that the lands in possession of the appellant should be resumed and regranted to the working patel, viz.,
The appellant asked for possession and mesne profits.
The document companytains the following recital which shows that the patelki inam lands of village Nawabag were also very ancient grants The Nazim, after seeing from the previous records as to who was in enjoyment, granted the mukaddami inam of a bigha and half from year to year as desired by the mukaddaman.
a letter dated August 28, 1922, by which sanction of Government was companyveyed to the exclusion from resumption of 25 acres and 15 gunthas of land in the khalsa portion of the village and to the exclusion from the land regranted to the jagirdar viz.,
P 1 is the companyy of an inam entry dated August 31, 1866.
In 1935 a special officer was appointed by Government to prepare a record of rights of the jagir village of Nawabag.
The case of the appellant was that as a result of this partition, the patelki inam lands were divided and the lands in suit were allotted to the share of the appellant.
His claim with regard to these plots was alternatively placed on a somewhat different footing and we shall, in due companyrse, companysider that claim.
There is an earlier document, Ex.
These four families went by the surnames of Dongre, Rokade, Raut and Ingle.
As a result of this regrant the jagirdars thought that they were entitled to take possession of the patelki inam lands of the Rokade family also.
This document shows that the jagir of Nawabag was granted by the Kings of Delhi to one Shah Abdul Huq originally.
The suit was dismissed by the trial Judge, but on appeal by the present appellant the learned Additional District Judge of Amraoti decreed the suit.
There is a petition dated 4 1 67 from the Jagirdar requesting the Revenue authority of the time to appoint a certain person as Patel.
There was a second appeal to the High Court of Nagpur which allowed the appeal, set aside the decree of the lower appellate companyrt, and restored that of the trial Judge.
respondent No.
In that village there were four families of Patels some members of which held the Patels office in rotation of ten years each.
1 and the orders passed by the revenue authorities companycerned were null and void.
of 24 acres 30 gunthas in the inam portion of Nawabag jagir village.
2 before us.
Therefore, in any view of the matter, Government had numberright to resume these two plots.
This led to some more revenue proceedings, and we companye number to one of the important documents in this case, viz.,
2 in the suit, is number respondent No.
This officer submitted a report on which certain enquiries were made.
Originally, the Provincial Government of the Central Provinces and Berar was defendant No.
The jagirdars disputed the claim of the patels and ultimately the dispute was submitted to the Nazim Sahib of Ellichpur.
As a result of a detailed enquiry, survey numbers 1 to 21 and 40 to 45 of the patelki inam lands fell in the resumed portion and survey numbers 22 to 39 were included in the jagir portion.
The lands in suit were companyprised in six survey numbers stated in paragraph one of the plaint.
1, and number the State of Bombay is respondent No.
Ultimately, on December 19, 1941, the Financial Commissioner held that the person actually working as patel was entitled to receive the full emoluments of his office, and revenue officers had companysistently refused to admit any claims to shares in patelki emoluments.
They lay in village Nawabag, a jagir village, of Ellichpur number called Archalpur taluq of Berar, and we shall hereinafter give some more details of that jagir.
Lastly, Vishwasrao also worked as patel.
When Shivajirao was alive, he worked as patel so did Amritrao in his turn.
In 1908 there was a dispute between the jagirdars and patels and the order of the Sub divisional officer who decided the dispute said The Jagirdar says that his family appointed Patels from the watan family, but this is number borne out by such papers as exist.
The relevant facts which have given rise to the appeal may number be shortly stated.
The Commissioner of Berar set aside the order of eviction, but maintained the status quo pending final orders of Government.
It raises some important questions as to the right of the revenue authorities of the State Government companycerned, to resume certain lands which are known as patel ki huq inam lands situate in what was previously known as the ceded area of Berar.
K. Das, J. This is an appeal on a certificate granted by the High Court of Nagpur under clause c of Article 133 1 of the Constitution to the effect that the case is a fit one for appeal to this Court.
