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Dattaraya Keshav Deshpande Vs. Laxuman Chimnaji Ranjane - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtMumbai
Decided On
Case NumberSecond Appeal No. 470 of 1920
Judge
Reported inAIR1921Bom37; (1921)23BOMLR561
AppellantDattaraya Keshav Deshpande
RespondentLaxuman Chimnaji Ranjane
DispositionAppeal dismissed
Excerpt:
.....act (bom. act iii of 1874), section ii a-alienation of vatan- resumption by collector-levy of full rent-rent payable to vatandar.;when the collector assesses full rent on vatan lands under section 9(2) of the bombay hereditary offices act 1874, the property reverts to the vatan under section 11 a of the act, which means that the rent must be paid by the person in possession and that it must go to the vatandar as profits of the lands. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against.....norman macleod, kt., c.j.1. the plaintiff tiled this suit to obtain possession of certain deshpande vatan land. the last mala holder was one narayan dattatraya who died leaving a widow yamunabai who alienated the vatan land by executing certain miras patras (permanent leases) to defendants nos. 1 to 4. defendant no. 5 has bought some of the alienated land from the other defendants. plaintiff himself attested the miras patras. yamunabai died in 1908 and then the plaintiff made an application to the collector under section 11 of the vatan act.2. the collector passed an order which is exhibit 57. he found that the miras patras were alienations under section 5 of the vatan act without sanction of government and declared them null and void under the powers given him by section 11 of the vatan.....
Judgment:

Norman Macleod, Kt., C.J.

1. The plaintiff tiled this suit to obtain possession of certain Deshpande Vatan land. The last mala holder was one Narayan Dattatraya who died leaving a widow Yamunabai who alienated the Vatan land by executing certain miras patras (permanent leases) to defendants Nos. 1 to 4. Defendant No. 5 has bought some of the alienated land from the other defendants. Plaintiff himself attested the miras patras. Yamunabai died in 1908 and then the plaintiff made an application to the Collector under Section 11 of the Vatan Act.

2. The Collector passed an order which is Exhibit 57. He found that the miras patras were alienations under Section 5 of the Vatan Act without sanction of Government and declared them null and void under the powers given him by Section 11 of the Vatan Act. Section 11 A, which lays down the powers of the Collector after he has held that the alienations are null and void, says :

The Collector shall either summarily resume possession of all property to which an order of a Court passed on receipt of his certificate under Section 10, or his own declaration under Section 11 relates, or assess it at the rate prescribel in Clause 2 of Section 9, as he may think fit and the said property shall thenceforward revert to the Vatan.

3. Section 9 deals with the alienation of Vatan property before the Act came into force. Clause 2 says:-

If such part of a Vatan be land, it shall be lawful for the Collector, instead of transferring the possession of the land, to demand and recover the full rent ordinarily paid by tenants of land of similar description in the same locality, and the amount so recovered shall be considered as the profits. The decision of the Collector as to what is the full rent shall be final.

4. The Collector in this case considered whether he should resume possession or assess the rent that was to be paid. Considering that the respondent had been in possession for seventeen years, he directed a levy of the full rent to the extent of 2/ 1/2 times of the assessment. The learned appellate Judge remarked that under the terms of Section 11 A the land in suit would thenceforward revert to the Vatan. But it could not be that the property should revert to the Vatan in the sense that the Vatandar was entitled to get possession. Otherwise those words would be in conflict with the powers of the Collector who assessed the land at the full rent. I think these words must mean, that after the lands have been assessed at the full rent, that rent must be paid by the person in possession, if eviction is not ordered, and that the rent which should be considered as the profits of the land, will go to the Vatandar. The order of the Collector is clearly an order within Section 4(a), third paragraph, of the Bombay Revenue Jurisdiction Act, and therefore the jurisdiction of this Court to consider whether that order should stand or should be set aside has been ousted. The decision of the lower appellate Court is correct and the appeal must be dismissed with cost.

Shah, J.

5. I agree.


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