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1948 Supreme(SC) 59

LORD SIMONDS, LORD NORMAND, LORD OAKSEY, LORD MACDERMOTT, SIR JOHN BEAUMONT
MAHARAJA OF PITTAPURAM – Appellant
Versus
PROVINCE OF MADRAS – Respondent


Advocates:
Solicitors for appellant : Chapman-Walkers.
Solicitor for respondent: Solicitor, High Commissioner for India.

Judgement

Consolidated Appeals (No. 37 of 1945) from three decrees of the High Court (November 18, 1941) affirming three decrees of the Court of the Subordinate Judge of Coconada (January 14, 1937) in suits instituted by the appellant, the Maharaja of Pittapuram, against the respondent, the Province of Madras, in which he claimed the ownership of certain alluvial islands, called "lankas," in the bed of the river Godavari.

The following facts are taken from the judgment of the Judicial Committee. On May 5, 1803, a sanad or deed of permanent property was granted by Lord Clive, then Governor-in-Council of Fort St. George, to the appellants predecessor-in-title, settling in perpetuity the assessment of the zamindari of Pittapuram and authorizing the appellants predecessor-in-title to hold the zamindari in perpetuity to his heirs, successors and assigns on condition of his performing certain stipulations specified in the deed and the duties of his allegiance to the British government. The sanad did not define or describe the lands of the Pittapuram zamindari but it was not disputed that they included lands on the east side of the river Godavari and a number of lankas in the river bed. T






























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