Secretary of State for India vs Venkatachala Perumal Pillai and Others

We do not think that any valid objection can be taken to the notice given on the ground that it proceeds from only two out of the three joint

owners. It has been repeatedly held that the object of the notice required by Section 424, Civil Procedure Code, is to give the defendant an

opportunity pf settling the claim, if so advised, without litigation. The object is fully attained by two out of the three plaintiffs giving the notice, and

the same consideration shows that the second objection to the notice, viz., that no notice was given of the claim in respect of the amount collected

as Fasli jasti for fasli 1803 is invalid. The notice given was that the defendant had no right to collect anything on account of Fasli jasti, and that the

collection which had been made, on that account, for fasli 1302, was illegal. The fact that a further sum for a subsequent fasli was collected, after

the notice of the suit had been given, should not, we think, be held to be ""a fresh cause of action requiring a further notice u/s 424.

The ""cause of action"" in that section, should not, we think, be taken, in a narrow sense, the object of the section being merely to inform the

defendant substantially of the ground of complaint (of Junes v. Bird 5 B. and A. 837 at p. 844), and this was done for all practical purposes in the

present case by the notice already given.

Turning now to the merits, the undisputed facts appear to be as follows:

The plaintiff''s mittah is part of a Zemindari originally granted on a permanent sanad in 1803. It was sold for arrears of revenue in 1836 and was

purchased by Government, but was granted again in 1859 under a permanent sanad. In the interval between 1836 and 1859, Government

repaired and improved a dam across the river at the point where the channel, which supplies the Kunnakudi Taluq situated in the Zemindari, leaves

the river, thus improving the supply of water to the tank and the Zemindari lands irrigated by it. The surplus water of the tank passes on to another

village which is still Government property. The grant in 1859 was made after these improvements had been effected. There is no provision in the

grant limiting the use which the grantee was entitled to make of the water stored in the tank littler in irrigating dry land, or in raising second crop on

wetland. This being so, it cannot be held that the grantee is limited to such use, only of the water as was actually made at the time of the grant. The

mere fact that there has been an extension of wet cultivation or other improvement in the resources of the Zemindari does not entitle the

Government to increase the peshcush. The only ground on which, in a case like this, the Government could demand Fasli jasti would be when the

water in respect of which the demand is made is shown to belong, to Government, but from what has, been already stated, it is clear that the whole

of the water stored in the tank belongs to the grantee not to Government. For this reason the Government was not entitled to any Fasli jasti on

account of second crops raised with such water.

We must therefore dismiss this second appeal with costs.

Our observation that the whole of the water stored in the tank belongs to the grantee should not be understood as determining any question

between the grantee and those who may be entitled to the surplus water of the tank according to established usage.