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TMI Blog1918 (12) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... ho was the Zamindar, then possessed of the Mouzah. The original plaintiff has died and the appellant is his legal representative. 3. The grant of the jaigir as translated is as follows: 3rd Falgun Sudi 1908 Sambat. 4. Pottah of agreement granted by order of His Highness Maharaja Sri Sri Sambhu Nath Singh Bahadur is as follows : The jaigir of Saiga, one village, in pergunnah Karanpura is granted to Kanai Singh, of which the jumma is Co's ₹ 300. Out of that, the landlord's 6 annas share is ₹ 112-8 from which a remission of ₹ 75 is made, the balance of landlord's share, ₹ 37-8, shall be paid by you year by year. You, with your descendants, will continue to enjoy'the same. The village is grant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Singh, and not, as the fact was, to his son Kanai Singh. It may be observed that in setting up that defence the defendants were obviously adopting the plaintiff's construction of the vernacular word putrapoutradi, according to which it meant in the grant of a jaigir in Raj Ramgarh, male descendants in the mala line. Having failed to prove that the original grant was made to their ancestor Raghu Singh the defendants then contended that the grant to Kanai Singh and his pidrapoiotradi created an estate of inheritance which descended to them as collaterals. 6. The Subordinate Judgo considered that a grant of a jaigir to a man and his putrapoutradi was a grant to him and his,5 lineal male descendants, and that in Chhota Nagpur the term p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able with word pntrapoulradi containing in the Sanad. On the contrary, the evidence ia that all jaigira, by whatever name called, condition or no condition attached, were primarily life-tenures and which by efflux of time became permanent and resumable and liable to resumption only on failure of male heirs of the original grantees. In the face of the strong documentary evidence of the custom alleged by the plaintiff, it is needlesa to comment at length on the oral evidence that was also given to prove custom. The Raja'a old servants all deposed to the existence of the custom and they stated specific cases of the resumption of some jaigir villages that wore within their knowledge and time, in addition to the cases to which the judgments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted in 1877. When he wrote that account he was Mr. W. W. Hunter, Director-General in India of Statistics, and at pages 121 and 122 of that work he gave a historical account of jaigirs in Ramagarh. The Subordinate Judge gave to the plaintiff' a decree for possession and for mesne profits to be subsequently ascertained. From that decree the defendants appealed to the High Court at Calcutta. The learned Judges of the High Court who heard the appeal as to the evidence said : There is evidence which may be summarised by saying that it shows that jaigirs granted by the Raj were terminable on the death of male heirs, though there is no case to show that this was so when the words putrapoutradi were used. They rightly held that the grant of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... granted in such terms as to make it hereditary. That was so decided by the Board in Gulabdas Jugjivandas v. Collector of Surat (1878) L R. 6 1. A. 54, which was an appeal from the High Court at Bombay. But the terms which will make the grant of a jaigir a grant of an estate of inheritance must, if they are to be considered alone, be terms which are not ambiguous, and must clearly show whether it was intended by the grantor that the right of inheritance should be general or should be confined to a particular class of heirs. In Dosibai v. Ishwardas Jagjiwandas (1891) L. R. 181. A. 22, there was no ambiguity in the terms of the grant. In that case the Governor of Bombay in Council by a sanad in English, which was not ambiguous, had granted to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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