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Veribhai and anr. Vs. Raghabhai and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1877)ILR1Bom225
AppellantVeribhai and anr.;raghabhai and ors.
RespondentRaghabhai and ors.;veribhai and anr.
Excerpt:
narvadari or bhagdari village - partition among narvadars or bhagdars--bombay act v of 1862. - 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 the post reserved for member of schedule tribe his caste certificate was invalidated subsequently held, his appointment would not be protected. the observations/directions issued by supreme court in para 36 of judgment in the case of state v millind reported in 2001 91) mah. lj sc 1 is not the law declared by supreme court under article 141 of.....melvill, j.1. we are of opinion that there is nothing in bombay act v of 1862 which debars a civil court from making a decree for the partition of narvadari land among the narvadars. it is possible that the revenue authorities might object to execute such a decree, but the plaintiffs inform the court that they do not anticipate such objection, and they are content to take a decree for partition. they have proved their right to four and a half out of the five shares held by themselves and the defendants, and also to the mesne profits claimed by them, and we, therefore, amend the decree of the court below, and award the plaintiffs' claim in full, with all costs on the defendants throughout.
Judgment:

Melvill, J.

1. We are of opinion that there is nothing in Bombay Act V of 1862 which debars a Civil Court from making a decree for the partition of Narvadari land among the Narvadars. It is possible that the revenue authorities might object to execute such a decree, but the plaintiffs inform the Court that they do not anticipate such objection, and they are content to take a decree for partition. They have proved their right to four and a half out of the five shares held by themselves and the defendants, and also to the mesne profits claimed by them, and we, therefore, amend the decree of the Court below, and award the plaintiffs' claim in full, with all costs on the defendants throughout.


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