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Shankar Gopal and ors. Vs. Babaji Lakshman and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtMumbai
Decided On
Judge
Reported in(1888)ILR12Bom550
AppellantShankar Gopal and ors.
RespondentBabaji Lakshman and anr.
Excerpt:
vatandars' (bombay) act iii of 1874, section 10 - decree--execution--transfer of vatan property from one not vatandar--construction--collector's certificate prohibiting delivery of decreed property--practice--procedure. - charles sargent, c.j.1. the effect of the decree of the 21st april, 1887, was to transfer the vatan property from the mortgagee to the third plaintiff, who according to the collector's certificate, is not a vatandar. but the mortgagee himself was not a vatandar, and under such circumstances we do not think that the decree was within the contemplation of section 10 of (bombay) act iii of 1874, the object of which was to give practical effect to the prohibition against alienations by vatandars as provided by sections 5 and 7. the court should, therefore, not act upon the certificate of the collector, but leave him to take proceedings, if he thinks proper, under section 6, clause 1. under these circumstances it is not necessary to answer the other questions.
Judgment:

Charles Sargent, C.J.

1. The effect of the decree of the 21st April, 1887, was to transfer the vatan property from the mortgagee to the third plaintiff, who according to the Collector's certificate, is not a vatandar. But the mortgagee himself was not a vatandar, and under such circumstances we do not think that the decree was within the contemplation of Section 10 of (Bombay) Act III of 1874, the object of which was to give practical effect to the prohibition against alienations by vatandars as provided by Sections 5 and 7. The Court should, therefore, not act upon the certificate of the Collector, but leave him to take proceedings, if he thinks proper, under Section 6, Clause 1. Under these circumstances it is not necessary to answer the other questions.


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