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TMI Blog1922 (12) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... with the respective contentions it is necessary to have an accurate rendering of certain portions of the document which is in Tamil. 2. In the body of the document there is the following passage:-- We have mortgaged to you for Rs. 15,000 the village of Kovillur which is included in the four boundaries given below and which is attached to our zamindari and which ancestrally belongs to us and is in our enjoyment...and which is capable of yielding an annual Melwaram kist of Rs. 3,000. So far the description is general and no portion of the zamindari is excluded. 3. At the foot of the document is given a complete description of the mortgaged property. I give below a translation of what occurs at the close of the document: Description ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... more precise description given, which must be taken as controlling the general words occurring in the earlier portion. 6. I may state that it has not been argued on behalf of the plaintiff that the building is comprised within the total area mentioned of the nanjah and punjdh lands, namely, 256 Velies 8 Mahs and 30 Kulies. But the only argument advanced is that the palace buildings must be regarded as included in the expression the remaining lands or 'poramboke and other lands' or the words 'etc'. I find it impossible to hold that the words the remaining lands or poramboke and other lands attached thereto (remaining lands)' can be regarded as including the residential building of the zemindar. 7. Turning to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Similarly in Banke Lal v. Jagat Narain 9 Ind. Dec. 1143 it was held that a kothi or other building situate within a zamindari area would be included in and pass with the zamindari unless the contrary is shown by evidence of the circumstances from which it may. properly be inferred that the building is not an appurtenance of the zamindari. In Asghar Rexa Khan v. Mahomad Mehdi Hossein Khan 30 C. 556 : 30 I.A. 71 : 7 C.W.N. 482 : 8 Sar. P.C.J. 439 (P.C.) their lordships of the Judicial Committee held that the deed which contained no words of exception or reservation and was ample in point of language to pass the land on which the Bazar was situated, did pass the same in the absence of words showing an intention to exclude it. 9. These case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ended by excluding the palace building of the zemindar, and in other respects the appeals fails. Each party will bear his own costs of this appeal. Charles Gordon Spencer, J. 13. I agree. The specification. of the mortgaged property at the f dot of the mortgage-deed obviously controls the words in the body of the deed the village of Kovilur which is included whithin the under mentioned boundaries, which is attached to our zemin, which belongs to us ancestrally and is, in our enjoyment, and which is made liable under Nagappa Chettiar's decree and is capable of yielding an annual melwaram kist of Rs. 3,000. 14. If what was mortgaged was expressed as all that lies within the four boundaries given I should hold that the famil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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