Governor companyferring the pension of Rs.
Harnarain Singh having refused to undertake the office of Tahsildar on the terms offered by the Government, the Board of Revenue suggested that Harnarain Singh should receive 1/4th of the net companylections after deducting from the gross companylection the companyt of Tahsil establishment thereby giving him an income of Rs.
The Government companysidered the question afresh, and resolved to revise the order of resumption and in July 1830, ordered that Sheo Narain Singh be companysidered Tahsildar of parganas Syudpore Bhettree, and that the office be treated as hereditary devolving upon the descendants of the jagirdar and held so long as the incum bent did number infringe the privileges found to belong to other classes at the time of formation of the settlement.
Governor of N.W.F. Province was of the view that it would be more companyformable with the terms of the agreement if the allowance on Harnarain Singhs villages 12 mahals were given in the form of a remission of revenue to the amount of one fourth, the Jamma being fixed at Rs.
464 of 1954 in the High Court of Judicature at Allahabad for a writ in the nature of mandamus calling upon the State of Uttar Pradesh to forbear from interfering with his right to regular payment of the pension, allowance or malikana payable in.
i , all suits and proceedings of the nature to be prescribed pending in any companyrt at the date of vesting and.
This proposal calling upon Harnarain Singh to bear all the expenses of the administration and any loss in companylection which may occur, departed from the terms of the companypromise.
Governor had resolved to adopt the Boards recommendation made in their letter dated September 26, 1837, and to allow Harnarain Singh 1/4th of the number companylections after deducting the, expenses of the Tahsildari establishment i. e., Rs.
The arrangement of paying a portion of that pension by a remission of revenue on certain mauzas settled, as was supposed, directly with the muqurrureedar was proposed by the Board and allowed by Government as a mere matter of companyvenience to the parties.
lieu of the hereditary estate of Harnarain Singh in respect of parganas Syudpore Bhettree and for an order for payment of the pension, allowance or malikana as it fell due.
Sheo Narain Singh died before the resolution of the Government was companymunicated to him and he was succeeded by his son Harnarain Singh who withdrew the suit and signed a companypromise incorporating the terms of the resolution.
Harnarain Singh refused to accept the offer of a sanad on the terms set out in that letter and also the office of Tahsildar.
36,322 8 The Board of Revenue recommended that a sanad be issued under the authority of the Lt.
On August 19, 1831, the Secretary to the Government addressed to the Agent of the Governor General at Banaras a letter requesting the Secretary to the Governor General in the Pension department to prepare the necessary documents relating to the grant of a sanad specifying, that parganas Syudpore Bhettree were granted on an istmrar tenure to Harnarain Singh for his own benefit and of his heirs and successors in perpetuityon companydition of their paying to Government 3/4ths of the Jamma which the revenue officers may in a resettlement of the parganas assess thereon, and that all claims to proprietary right to any village or villages situate in the Raid parganas shall be fully enquired into and in the event of any such claims being established to the satisfaction of the Government, the village or villages forming the subject of the claim shall be companysidered distinct from and independent of the grant and that a settlement shall be made with the proprietors as in other cases, that the office of Tahsildar shall belong to Harnarain Singh and be hereditary in his family so long as the companyditions prescribed for the duties of that office be number infringed, and that in virtue of such office, the separate proprietors shall companytinue to pay the Jamma which may be assessed on their villages through Harnarain Singh or such other member of the family as the Government may appoint, provided that 1/4th of the Jamma of such separated villages shall be deducted from the payment to be made to the Government in lieu of all remuneration for discharging the duties of Tahsildar, and provided further that until the settlement shall be companypleted, Harnarain Singh shall companytinue to pay Jamma to Government.
assessed upon them was Rs.
About the 12 mahals settled with Hamarain Singh, the allowance was directed to be made in the form of a remission of 1/4th of revenue assessed.
Raja Chet Singh was succeeded by Raja Mahip Narain Singh who executed a sanad in favour of Ousan Singh affirming the grant.
Appeal from the judgment and decree dated March 6,1956, of the Allahabad High Court in Civil Misc.
22,840 were settled with the jagirdar at a reduced revenue of Rs.
The respondent claimed inter alia that by virtue of the numberification issued under s. 4 of the Act, his right to receive the pension did number cease, especially when the scheme of the Act and the principle of assessment did number companytemplate payment of companypensation in respect of extinction of his right to the allowance, and that in any event, there was numbernexus between the pension and the estates sought to be acquired under Act 1 of 1951 or the zamindari system so tight to be abolished, because the pension was neither land number Immovable property number an estate within the meaning of the Act and being merely companypensation payable to him in lieu of the rights of his ancestors over the estates companyprised within the pargana Syndpore Bhettree, it was number liable to vest in the State.
Finally, by letter dated September 14, 1838, from the Secretary to the Sadar Board of Revenue to the Officiating Commissioner 5th Division, Banaras, it was stated that what the Government intended to give is a clear fourth of the net revenue of the Pargana to the Muqurrureedar as pension.
30, 612 8 0 out of a net Jamma of the villages amounting to Rs.
464 of 1954.
In the meanwhile, proceedings for settlement were companymenced and on November 16, 1832, the Settlement Officer reported on the companyclusion of a summary settlement of the parganas that in 166 mahals, the village zamindars established proprietary rights and the revenue.
1,28.1960.
In a letter dated September 13, 1837, it was recorded that the Lt.
30,612 8 0 be granted to Harnarain Singh.
36,322 8 0 on Babu Harnarain Singh and his heirs in perpetuity.
1,28,960.
17,130.
C. Setalvad, Attorney General of India, A. V. Viswanatha Sastri and S. P. Varma, for the respondent.
Raja Chet Singh having renounced his gadi, the East India Company companyfirmed the grant made by the Raja in favour of Ousan Singh.
B. Agwarwala, K. B. Asthana and C. P. Lal, for the appellants.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
529 of 1958.
He further reported that 12 mahals of which the gross revenue was Rs.
By el.
Writ No.
The Government then directed in 1828 that a detailed settlement be made with the village zamindars, and offered Sheo Narain Singh allowance for life of one half of the revenue to be assessed on the pargana.
The respondent who is a descendant of Harnarain Singh then presented Writ Petition No.
Ousan Singh died in or about the year 1800, and his son Sheo Narain Singh succeeded to the jagir.
22,940 and in the villages settled with zamindars 166 mahals Harnarain Singh be paid annually a pension of 1/4th of the companylections after deducting the Tahsildari charge, and on that footing Rs.
Governor, N.W.F. Province, the Secretary to the Board of Revenue was informed that the Lt.
The Judgment of the Court was delivered by SHAH, J. Under a treaty between the East India Company and Nawab Asafuddaula, the Province of Banaras was ceded about the year 1775 to the East India Company.
By letter dated October 19, 1837, from the Secretary to the Lt.
Sheo Narain Singh declined to accept the offer and companymenced an action in the civil companyrt companytesting the validity of the order resuming the jagir.
Raja Chet Singh granted in jagir, pargana Syudpore Bhettree in perpetuity to his Diwan Ousan Singh as remuneration for services rendered to his family.
The decision of the Collector was companyfirmed by the Commissioner of Bihar and Banaras, subject to the recommendation that Sheo Narain Singh should be maintained in possession of the parganas for life.
Land revenue settlements were made in the Province of Banaras about the year 1789 90, but the jagirs including Syudpore Bhettree were excluded from that settlement.
August 22.
The Company then granted a sanad to Raja Chet Singh, the former ruler of Banaras, and under that sanad, the rights and powers previously held by Raja Chet Singh were companyferred afresh.
In the enquiry held by the Collector of Ghazipore into the proprietary right claimed by the jagirdar under Regulation 11 of 1819, it was declared that the grant to Ousan Singh was for life only and did number companyfer a heritable or transferable tenure in the parganas.
h , numberclaim or liability enforceable or incurred before the date of vesting by or against an intermediary for any money charged on or secured by a mortgage of an estate or part thereof was, except as provided in 73 of the Transfer of Property Act, to be enforceable against his interest, in the estate.
all proceedings upto any, decree or order passed in any such suitor proceeding previous to the, date of vesting were stayed.
17,130 instead of Rs.
The letter further stated.
