Sheth Anandji Kalyanji Pedhino Itihas 1

SR No.: 001057
Original Sutra Author: N/A
Author: Ratilal D Desai, Shilchandrasuri
Publisher: Anandji Kalyanji Pedhi
Publication Year: 1983
Total Pages: 405
Language: Gujarati
Classification: Book_Gujarati & History
File Size: 10 MB

Page 333

૨૭૪
શેઠ આ કની પેઢીના ઇતિહાસ
7th. In 1821 the lease was executed before Captain Barnwell which forms the second document on which the claimants demand our intervention on their behalf.
Government has stated in the letter above alluded to No. 1902 of 13th June 1863, that the whole question turns upon the wording and construction to be placed upon this deed; two translations of the document are annexed, one prepared by a Comittee of three Officers o the Kathyawar Political Agencyand another presented by the Shrawuck Agent bearing the signature of Mr. Flynn, a professional translator.
There is no important difference between these translations.
The deed is of the nature of a form of the pilgrim tax given by the Thakore to the Shrawuk Community; it commences with a clear statement that the agreement is for ten years, but further on in the body of the document, is the clause on which the complainants claim that the deed may be enforced in perpetuity.
COMMITTEE'S TRANSLATION.
And after the expiry of the period as long as you shall pay the money in future years so long we will continue you in the enjoyment according to agreement.
MR. FLYNN'S TRANSLATION.
And after the expiration of the time as long as you shall pay the amount in future according to the agreement we will act up according to the agreement.
8th. This single clause in the lease when read apart from the rest appears sufficiently clear but it will be obvious to any person accustomed to the perusal of documents of that date that the form of words used in deeds intended to be binding in perpetuity are wanting in this instance.
This clause when read in context with the rest of the document loses much of its force and it is evident from the English correspondence that the officer who mediated the agreement did not consider it a leading feature in the agreement. Still if