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TMI Blog1891 (11) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... and villages belonging to the Government of India. These lauds lie at the northern base of a mountain range whose crest or watershed runs nearly due east and west, rising to an elevation varying from 3,850 to 4,900 feet above sea level. The watershed is a well defined natural line and forms the northern boundary of the territory of Travancore. 2. The respondent was a minor when he succeeded to the zamindari, and did not attain majority until the year 1880. Until 1867 his estate was managed by his mother ; and from that date until 1880 it was under the management of the Court of Wards. 3. For a considerable period, antecedent to the year 1865, it appears to have been well known to the Government that the Zamindars of Singampatti claime ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The subjects now in controversy are described in the plaint as consisting of three parcels. The first, which has been termed in these proceedings the eastern tract, does not include the whole area to the east which was claimed before and disallowed by Mr. Baber, but only that portion of it about 12 square miles in extent, which lies to the north of the river Varattar. The second, termed the central tract, about 1 square mile in extent, is bounded on the north by the land now admitted to be the respondent's, on the east by the Kusavankuli river which is also, in that locality, the eastern boundary of the admitted land, on the south by Travancore, and on the west by the third tract claimed. That third or western tract, which extends to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e or not, which was then held and possessed by the Zamindar of the villages enumerated. In their opinion, the respondent must prevail in this suit, if he has been able to show, either by direct evidence or as matter of reasonable inference, that the lands now in dispute were held and possessed by the Zamindar at the time when he obtained a permanent title from the Government. 7. The issue settled in the District Court for the trial of the cause upon its merits was simDlv Whether the right to and possession of, the property in dispute belonged to plaintiff or to Government? Documentary and oral evidence was adduced by both parties, into the details of which their Lordships find it unnecessary to enter, because of the unanimity of the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ong exercised the exclusive right of grazing cattle, cutting timber, and collecting mountain produce. With regard to the first or eastern tract, he found that the Zemindars had exercised rights of precisely the same kind over the whole tract, but not to the exclusion of a certain amount of user by inhabitants of Government villages. Upon these findings, the learned Judge came to the conclusion in law that the possession of the western tract by the respondent and his predecessors ought not to be ascribed to a title of property, but that it was sufficient to give him right to exclusive easements of pasturage, cutting timber, and collecting mountain produce over its whole area. As to the western tract, he held that the respondent was entitled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ossession have invariably been ascribed to that title, the inference drawn by the High Court appears to be inevitable. 12. The learned Judges of the High Court also expressed their concurrence in the findings of the District Judge with respect to the Zemindars' possession of the eastern tract, but came to the conclusion that their possession alone was that of proprietors, and that the proved acts of user by raiyats from neighbouring villages were not of that character. On examining the judgments of the two Courts, their Lordships were satisfied that the possession of the Zemindars, as found by both, would, in the absence of conflicting possession sufficient to cut down or qualify their right, entitle the respondent to a declaration o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the south. There is nothing to suggest that it was ever claimed or possessed by any other person, whilst it was persistently claimed and treated by the Zemindars as part of their estate. In these circumstances, their Lordships are of opinion that their proprietary possession of the hill lands adjoining is sufficient to establish their title to the central tract. The High Court, upon these findings, allowed the appeal, reversed so much of the decree of the Court below as dismissed the respondent's claim, and decreed the claim as made, with costs in all Courts. Being of opinion, for the reasons already indicated, that the decision of the High Court is right, and ought to be affirmed, their Lordships will humbly advise Her Majesty to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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