Judgement

Appeal (No. 97 of 1927) from a decree of the High Court (August 24, 1925) affirming a decree of the Joint Judge of Thana (November 30, 1921).

The suit was brought by the appellants against the Government for declarations that on the true construction of a deed of February 9, 1848, executed by the Government in favour of their predecessor, they were the owners of the village Vile Parla, and were entitled in whole or in part to non-agricultural assessments levied thereon by the Government and for ancillary relief. It was not disputed upon the present appeal that the Government was entitled to impose non-agricultural assessment under ss. 48, 65 and 66 of the Bombay Land Revenue Code, 1879, and that the villages were " alienated villages" within the meaning of r. 5 of revenue rules made in 1907 under s. 214 of the above Code.

The terms of the deed of 1848 appear from the judgment of the Judicial Committee.

The trial judge construed the deed of 1848 as merely an assignment of Rs. 4000 out of the revenues of the villages " subject to the other terms. He accordingly dismissed the suit so far as it related to the assessments imposed upon lands in the occupation of permanent tenan