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Bai Samju Vs. Lallubhai Talsibhai - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtMumbai
Decided On
Case Number First Appeal No. 164 of 1924
Judge
Reported inAIR1925Bom476; (1925)27BOMLR958
AppellantBai Samju
RespondentLallubhai Talsibhai
DispositionAppeal dismissed
Excerpt:
bhagdari and narsadari act (bombay act v of 1862) section 1 - narva land-separation of narvn for building purposes-permission of collector- recognised sub-division.;where the proprietor of a recognised sub-division of a narva land separates a portion of the land for building purposes, and the separation has been recognised by the collector, such separation in no way derogates from the constitution of the narva homestead, and the separated portions become recognised sub-divisions of the narva. - .....with the collector's permission, relinquish any portion of his share and allow it to cease to be narva land. when a plot of narvadari land is acquired by a non-narvadar for building purposes the liability for the enhanced assessment should be thrown on the purchaser by the formal resignation of the land by all the narvadara concerned.3. now in this case the collector has recognised the separation of these eight gunthas for building purposes, and we may take it that such separation in no way derogated from the constitution of the narva homestead, and that as the collector was, in the circumstances of this case, at liberty to recognise any sub-division, these eight gunthas must be considered as having been recognised as a sub division, so that the balance of the judgment debtors' share.....
Judgment:

Norman Macleod, Kt., C.J.

1. The trial Judge has held that the property sought to be attached is a recognised sub-division of a Narva and is therefore liable to the process of the Court under the provisions of Bombay Act V of 1862. On the evidence produced before the Judge, it appeared that the judgment-debtor Manibhai, now represented by the appellants, originally was the proprietor of a recognised sub-division of a Narva measuring lie 0, Anna 1, Pie 1. Twelve years ago eight gunthas were separated from that land for the purpose of building a bungalow. These eight gunthas were separately assessed, and Manibhai sold the site with the bungalow without any objection being raised thereto by the revenue authority. In fact, we may take it that the revenue authority recognised that site as being separately assessed and capable of being transferred by itself. The judgment-debtor, however, contends that it still remains a part of the Narva, so that the land still remaining to him after the separation of eight gunthas can no longer be considered a recognised sub-division of Narva village. The Judge rejected this contention and directed the sale proclamation to be issued.

2. In appeal, it has been urged that the separation of eight gunthas, even though they were separately assessed, cannot prevent the original holding of the tenant being still considered as the recognised sub-division. What is a recognised subdivision of a Narva Is not defined in the Bhagdari and Narvadari Act V of 1S62. The object of the Act was to prevent anything else than a recognised sub-division of a Bhag or share in a BbagcLii or Narvadari village being attached or sold by a of a Court. Now we have the Manual published under the orders of Government to enable the revenue officers to understand what should be done with regard to these Narvas, and under Government Resolution No. 7241 of July 26, 1909, it was directed as follows :-

Section 1 of Act V of 1862 was inserted only in order to preserve the narva, homestead and was nod directed towards buildings erected for unconnected purposes. The Collector is. at liberty to recognise any sub-division ho thinks fit. The fact that land required for building purposes forms part of a narvadari holding does not act as a bar to its acquisition by a non-narvadar. A sharer in a narvadiri village may, with the Collector's permission, relinquish any portion of his share and allow it to cease to be narva land. When a plot of narvadari land is acquired by a non-narvadar for building purposes the liability for the enhanced assessment should be thrown on the purchaser by the formal resignation of the land by all the narvadara concerned.

3. Now in this case the Collector has recognised the separation of these eight gunthas for building purposes, and we may take it that such separation in no way derogated from the constitution of the Narva homestead, and that as the Collector was, in the circumstances of this case, at liberty to recognise any sub-division, these eight gunthas must be considered as having been recognised as a sub division, so that the balance of the judgment debtors' share in the Narva would necessarily also constitute a recognised sub-division. Otherwise, if the contention of the judgment-debtors were to succeed, it would follow that if a sharer in a Bhagdari village with the permission of the Collector separated a small portion of land for building purposes unconnected with the preservation of the homestead, and sold that portion, then the rest of the share would, under no circumstances, be a recognised sub-division and would not be liable to the process of a civil Court. We do not think that was intended by Act V of 1862. with coats.


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