Article 17 of the Treaty is relied upon by Portugal as constituting a transfer of sovereignty.
From an examination of the various texts of that article placed before it, the Court is unable to
conclude that the language employed therein was intended to transfer sovereignty over the
villages to the Portuguese. There are several instances on the record of treaties concluded by the
Marathas which show that, where a transfer of sovereignty was intended, appropriate and
adequate expressions like cession "in perpetuity" or "in perpetual sovereignty" were used. The
expressions used in the two sanads and connected relevant documents establish, on the other
hand, that what was granted to the Portuguese was only a revenue tenure called a jagir or
saranjam of the value of 12,000 rupees a year. This was a very common form of grant in India
and not a single instance has been brought to the notice of the Court in which such a grant has
been construed as amounting to a cession of territory in sovereignty.
Article 17 of the Treaty is relied upon by Portugal as constituting a transfer of sovereignty.From an examination of the various texts of that article placed before it, the Court is unable toconclude that the language employed therein was intended to transfer sovereignty over thevillages to the Portuguese. There are several instances on the record of treaties concluded by theMarathas which show that, where a transfer of sovereignty was intended, appropriate andadequate expressions like cession "in perpetuity" or "in perpetual sovereignty" were used. Theexpressions used in the two sanads and connected relevant documents establish, on the otherhand, that what was granted to the Portuguese was only a revenue tenure called a jagir orsaranjam of the value of 12,000 rupees a year. This was a very common form of grant in Indiaand not a single instance has been brought to the notice of the Court in which such a grant hasbeen construed as amounting to a cession of territory in sovereignty.
การแปล กรุณารอสักครู่..
