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TMI Blog1928 (11) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... ries and the various lands from which revenue was levied, calculated partly on the lands and partly on the produce of brab trees which are tapped for toddy. All the particulars referred to lands as held by various ryots or sutidars, as to whose position explanation will be shortly given. The list ends with a summation of the revenue at the sum of ₹ 4679~l-8. From this is deducted the amount of your inam ₹ 4000. It is added that there are ninety-seven undrawn brab trees for which the grantee is to pay ₹ 20-14-4, making the whole sum payable by him as the surplus over the ₹ 4000, ₹ 700. Subsequently, on condition of the surrender of certain other lands not included in this grant, the ₹ 700 was reduced to ₹ 2()0. The deed then goes on with various conditions which will be examined hereafter. 4. It is now expedient to explain the position of the ryots or sutidars. By legislation in 1808, the sutidars in Salsette were declared to be permanent proprietors of their lands so long as they paid the amount of their assessment, and this assessment was fixed at a sum equivalent to a certain share of the produce and could be revised every five y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... holder of the alienated village who should then state whether the application should be granted or refused, Rule 5 provides that after that the collector shall direct the village officers to levy any altered assessment so ordered and such altered assessment shall be levied in the same manner as other land revenue and shall be credited wholly to the holder or holders of the alienated village where such holder or holders are entitled to the whole land revenue of the village or proportionately to the share of such holder or holders when such holder or holders are entitled to a proportion only of the land revenue in accordance with the conditions under which such holder or holders hold the alienated village. 8. In November, 1916, without any intimation to the . plaintiffs, a surveyor began to survey various building plots in the village of Vile Parla, with a view to fixing a building assessment thereon. On this coming to their knowledge the plaintiffs wrote asking for an answer as to whether the Collector considered that the building or non-agricultural assessment should be paid to them. To this they received a reply that the Government's view of the grant was that the grantees ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1842) 9 Cl. F. 355, 555. Smith v. Doe d. Jersey (1821) 2 Brod. B. 473; Prison Commissioners v. Clerk of the Peace for Middlesex, per Sir G. Jessel (1882) 9 Q.B.D. 506, 611; and Lee v. Alexander (1888) 8 App. Cas. 853, 868, in which (the case is a Scotch case where the law is the same) Lord Selborne states the proposition as a general one. 11. While their Lordships have thought it expedient to make it quite clear that this method of approaching the question used by the trial judge was illegitimate, they note that no such criticism can be directed to the judgment of the High Court. Those learned judges, although only expressing their opinion as a doubt as to the admissibility of what the trial judge had done, yet clearly make up their minds on the construction of the deed, but the result at which they arrived is the same as that arrived at by the trial judge. Their view is tersely expressed by the first finding of the trial judge: The grant is neither an absolute grant of the soil nor a mere assignment of the revenues. It is merely an assignment of ₹ 4000 out of the revenue of the village subject to the conditions of the grant. 12. From that view they deduce the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter a certain moratorium be liable to assessment for that, just as the ryots are for their land. 16. Then come the fasciculus of conditions 6, 7, 10 and 14, which secure the provision to outsiders of quasi easement rights hitherto enjoyed. 17. Then the position of the grantee to the ryots or sutidars is specially dealt with, and those articles had better be quoted in full: 8. You are to continue the ryots in the free enjoyment of their sootee lands, brab and other trees of which they are the owners as well as such other privileges as they may be entitled to in the same manner as they have enjoyed them before. 11. You are not to alter the present mode of assessment nor to introduce any new tax but to collect your rents from the ryots according to the commutation taxes as they may be fixed from time to time in the Island of Salsette. You are not to fix your installments earlier than those fixed for the Government villages, though you may postpone them to a later period should you wish it. , 12. In the event of land assessment being increased or any other modification introduced in the existing revenue system of the Island of Salsette by the authority of the Government, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... power to make its destination is in some way altered, but the rules absolutely recognize the same right. 21. Rule 5 of the Revenue rules of 1907, already quoted, says that the altered assessment shall be levied in the same manner, i.e., as the agricultural assessment, is levied, and shall be credited to the holder or holders of the alienated village or a holder in part. Now, by Section 3 of the Land Revenue Code, the interpretation section, it is settled what is an alienated village. Alienated, says that section, Sub-section 20, means transferred in so far as the rights of Government to payment of the rent or land revenue are concerned wholly or partially to the ownership of any person. Before the grant the Government were the holders of the village as a whole entity, the sutidars being proprietors of their own respective plots, but in no sense owners, of the village. Then by the deed of 1847 the village was alienated as alienated is defined in the section just quoted, and so alienated to the appellants. They were then the owners of the village. They are not, however, the proprietors of the whole village, because there is still land on which assessment may be allowed when ..... X X X X Extracts X X X X X X X X Extracts X X X X
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