As per case facts, the dispute concerns a watan land sold by the original watandars, Deshpande family, and subsequently to Balaji Walvekar, whose name was mutated as holder. After the ...
-SA-397-2025+.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 397 OF 2025
WITH
INTERIM APPLICATION NO. 9307 of 2025
WITH
INTERIM APPLICATION NO. 10619 OF 2025
The State of Maharashtra,
Through Secretary,
Government of Maharashtra
Sachivalaya, Bombay - 32 ...Appellant
Versus
1. Chandrabai Balaji Walvekar
(Deceased And legal heirs are already on record)
2. Shankarrao Balaji Walvekar
(Since deceased through legal heirs)
2.1 Snehalata Shankarrao Walvekar (deceased)
2.2 Mohini Shivajirao Pawar
Age: 75 years
2.3 Vijay Shankarrao Walvekar
Age : 56 years,
2.4 Dilip Shankarrao Walvekar
Age : 53 years,
2.5 Deepak Shankarrao Walvekar
Age: 52 years,
2.6 Pradip Shankarrao Walvekar,
Age: 50 years,
ARS 1/44
ARUN
RAMCHANDRA
SANKPAL
Digitally signed by
ARUN RAMCHANDRA
SANKPAL
Date: 2026.06.30
22:46:14 +0530
-SA-397-2025+.DOC
Respondent No. 2.2 to 2.6 is residing at
8, Ganeshkhind Road,
Shivajinagar, Pune – 411 005.
3. Ramkrishna Balaji Walvekar,
(Since deceased through legal heirs)
3.1 Anusayabai Ramkrishna Walvekar
(Deceased)
3.2 Meena Ramesh Rathod
Age: 50 years,
3.3 Vandana Raghunath Bankapure
Age: 52 years,
3.2 to 3.3 R/at : U.S.A.
4. Mahadeo Balaji Walvekar
(Since deceased through legal heirs)
4.1 Shantabai Mahadeo Walvekar (deceased)
4.2 Kiran Mahadeo Walvekar
Age: 55 years,
4.3 Manoj Mahadeo Walvekar
4.2 to 4.3 R/at : Ganeshkhind,
Shivajinagar, Pune.
5. Laxman Balaji Walvekar
(Since deceased through legal heirs)
5.1 Prabhavati Laxman Walvekar (deceased)
5.2 Pramod Laxman Walvekar
Age: 32 years.
5.3 Pravin Laxman Walvekar
Age: 48 years.
5.4 Pritam Laxman Walvekar
Age: 52 years.
ARS 2/44
-SA-397-2025+.DOC
R/at: 1
st
floor, S Ganeshkhind Road
Shivajinagar, Pune – 411 005.
6. Suryakant Balaji Walvekar
(Since Deceased through legal heirs)
6.1 Gulabbai Suryakant Walvekar
Age: 70 years,
R/at : 1
st
Floor, S Ganeshkhind Road,
Shivajinagar, Pune – 411 005.
6.2 Smita Bhulesh Kirad,
Age: 45 years,
R/at 403, 4
th
floor,
Mithila Apartment Model Colony,
Near Deep Bungalow Chowk
Pune – 411 016.
6.3 Ravindra Suryakant Walvekar
Age : 62 years
6.4 Ranjana Suryakant Walvekar
Age : 65 years
6.5 Sunil Suryakant Walvekar
Age : 65 years
6.6 Purnima Mohan Kolhapure
Age: 59 years
Respondent Nos. 6.3 to 6.6
R/at : 1
st
Floor,
8, Ganeshkhind Road Shivajinagar,
Pune – 411 005.
7. Arvind Balaji Walvekar,
Age: 34 years, Occu: Agriculturist,
R/at : 8 Ganeshkhind Road Shivajinagar,
Pune – 411 005.
8. Shivaji Balaji Walvekar
(Since deceased through legal heirs)
8.1 Sarika Shivaji Walvekar,
Age: 48 years
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8.2 Samita Shivaji Walvekar,
Age: 47 years
8.3 Teena Shivaji Walvekar,
Age: 45 years,
Respondent Nos. 8.1 to 8.3 are
residing at R/at : Ganeshkhind Road
Shivajinagar, Pune – 411 005.
…Respondents
WITH
SECOND APPEAL (ST) NO. 25320 OF 2025
IN
INTERIM APPLICATION (ST) NO. 25639 OF 2025
WITH
INTERIM APPLICATION (ST) NO. 25641 OF 2025
1. Girish Pandurang Gavandi
Age – about 90 years,
Occ-Retired
R/at G3, Swamivivek Marg,
Bibwewadi, Pune
2. Jagdish Pandurang Gavandi
Age – about 84 years, Occ – Retired
R/at 361/18, Mira Society,
Shankarsheth Road,
Pune.
3. Kishori Datta Naik,
Age – about 87 years, Occ- Retired,
R/at B-1, Rushikesh Society,
Gokhale, Road,
Shivajinagar, Pune
… Appellants
(Original
Interveners)
Versus
1. Chandrabai Balaji Walvekar
(Since deceased, legal heirs already on record)
2. Shankarrao Balaji Walvekar
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-SA-397-2025+.DOC
Since deceased through legal heirs
2A. Snehalata Shankarrao Walvekar
(Since deceased)
2B. Mohini Shivajirao Pawar,
Age-75 years, Occ – Retired
2C Vijay Shankarrao Walvekar
Age- 56 years, Occ – not known
2D. Dilip Shankarrao Walvekar
Age – 53 years, Occ – not known
2E. Deepak Shankarrao Walvekar
Age – 52 years, Occ – not known
2F. Pradip Shankarrao Walvekar,
Age: - 50 years, Occ – not known
Respondent Nos.2B to 2F residing at
8 Ganeshkhind Road, Shivajinagar,
Pune 411 005.
3. Ramkrishna Balaji Walvekar
(Since deceased through legal heirs)
3A. Anusayabai Ramkrishna Walvekar
(Since deceased)
3B. Meena Ramesh Rathod
Age: 50 years, Occ – not known
3C. Vandana Raghunath Bankapure
Age -52 years, Occ – not known
3B to 3C residing at United States of America.
4. Mahadeo Balaji Walvekar
(since deceased through legal heirs)
4A. Shantabai Mahadeo Walvekar
(since deceased)
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4B. Kiran Mahadeo Walvekar
Age – 55 years, Occ – not known
4C. Manoj Mahadeo Walvekar
Age – 55 years, Occ – not known
4B and 4C residing at Ganeshkhind,
Shivajinagar, Pune.
5. Laxman Balaji Walvekar
(since deceased through legal heirs)
5A. Prabhavati Laxman Walvekar
(Since deceased)
5B. Pramod Laxman Walvekar
Age – 32 years, Occ – not known
5C Pravin Laxman Walvekar,
Age – 48 years, Occ – not known
5B and 5C residing at 1
st
floor,
Ganeshkind Road,
Shivajinagar, Pune 411 005.
6. Suryakant Balaji Walvekar
(Since deceased through legal heirs)
6A. Gulabbai Suryakant Walvekar,
Age- 70 years, Occ – retired
Residing at 1
st
floor, Ganeshkhind Road,
Shivajinagar, Pune 411 005.
6B. Smita Bhulesh Kirad
Age – 45 years, Occ – not known
6C Ravindra Suryakant Walvekar,
Age – 62 years, Occ – not knonwn
6D Ranjana Suryakant Walvekar
Age -65 years, Occ – retired
6E. Sunil Suryakant Walvekar,
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-SA-397-2025+.DOC
Age – 65 years, Occ – retired
6F Purnima Mohan Kolhapure
Age -59 years, Occ – not known
6C to 6E residing at 1
st
floor,
8 Ganeshkhind Road,
Shivajinagar, Pune 411 005.
7. Arvind Balaji Walvekar
Age – 34 years, Occ – Agriculturist
R/at 8 Ganeshkhind Road, Shivajinagar,
Pune 411 005.
8. Shivaji Balaji Walvekar,
(since deceased through legal heirs)
8A Sarika Shivaji Walvekar
Age – 48 years, Occ – none
8B Samita Shivaji Walvekar
Age – 47 years, Occ – none
8C Teena Shivaji Walvekar
Age – 45 years, Occ – none
All 8A to 8C residing at Ganeshkhind Road,
Shivajinagar, Pune 411 005.
9. State of Maharashtra
Through Secretary, Government of Maharashtra,
Mantralaya, Mumbai 400 032
Served through the Office of the Government
Pleader, Appellate Side, High Court, Bombay.
...Respondents
(Original
Defendants)
Mr. Anil V Anturkar, Senior Advocate, with A.R. Patil, Addl GP, for the
Appellant in SA/397/2025.
Mr. A.Y. Sakhare, Senior Advocate, with Sandeep D Paigude, Reshma
C More, i/b Rohan Mirpure, for the Appellant in SAST/25320
of 2025.
Ms. Shruti Tulpule, for Respondents in both Petitions.
ARS 7/44
-SA-397-2025+.DOC
CORAM:N. J. JAMADAR, J.
RESERVED ON :18
th
MARCH 2026
PRONOUNCED ON :30
th
JUNE 2026
JUDGMENT:
1.The State Government is in appeal (SA No. 397 of 2025) being
aggrieved by and dissatisfied with a judgment and order dated 3
rd
January 2025 passed by the learned District Judge, Pune in RCA No. 9
of 2016, whereby and whereunder the said Appeal preferred by the
Appellant-original Defendant against a judgment and decree dated 30
th
October 1987 passed by the learned Civil Judge, Pune in SCS No. 111 of
1974, came to be dismissed and the Cross Objections filed by the
Respondents-original Plaintiff, came to be partly allowed by directing an
enquiry as to future
mesne profit under Order XX Rule 12 of the Code of
Civil Procedure, 1908 (“The Code”).
2.The Applicants in Interim Application (Stamp) No. 25639 of 2025
in Second Appeal (Stamp) No. 25320 of 2025, who claim to be the legal
representatives of the lessee and to whom the suit land was subsequently
granted, seek leave to appeal against the impugned decree.
3.The dispute has a chequered history and awaits resolution for
three quarters of a century. Yet, shorn of unnecessary details, the
background facts necessary for the determination of this Appeal and the
Applications for leave to Appeal can be noted as under:
ARS 8/44
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3.1 The land bearing Survey No. 65/1 admeasuring 4 acres 11
gunthas, situated at Village Parvati, Tal Haveli within the limits of Pune
Municipal Corporation (“the suit land”) was initially a watan land of
Deshpande family governed by the Paragana and Kulkarni Watan
regime.
3.2 On 22
nd
April 1898 Trimbak Deshpande and Baburao Deshpande
sold the suit land to Manohar Padalkar under a registered Sale Deed.
The transferee and his successor in interest asserted and exercised
absolute ownership rights over the suit land. Manohar Padalkar sold the
suit land under a registered Sale Deed dated 9
th
September 1937 to
Balaji Walvekar, the predecessor-in-title of the Plaintiff. The name of
Balaji Walvekar came to be mutated to the Record of Rights of the suit
land as a holder thereof.
3.3 In the year 1951, the State Legislature passed Act No. LX of 1950,
The Bombay Paragana And Kulkarni Watans (Abolition) Act, 1950 (“the
Watan Abolition Act 1950”). It
inter alia provided that all Paragana and
Kulkarni Watans shall be deemed to have been abolished and the watan
lands stood resumed thereunder.
3.4 Section 4 of the Abolition Act 1950 made a provision for re-grant
of land to the holder of the watan to which it appertained, on payment
of the occupancy price equal to twelve times of the amount of the full
assessment of such land, within a stipulated period. Failure of the
ARS 9/44
-SA-397-2025+.DOC
holder to pay the occupancy price within the stipulated period rendered
the occupation of the holder unauthorized and empowered the
Government to summarily eject such holder in accordance with the
provisions of the Bombay Land Revenue Code 1879 (“the Code of
1879”).
3.5 The State Government-Defendant contends that in pursuance of
the provisions of the Abolition Act 1950, the Mamlatdar gave notice to
Balaji Walvekar on 9
th
January 1953. In response thereto, Balaji filed an
Application before the Mamlatdar and claimed that his predecessor-in-
title had become the absolute owner of the suit land and that he was
also paying
judi in respect of the suit land and, therefore, he had
acquired absolute ownership over the suit land. Thus, he was not
required to pay the occupancy price. Yet if an order is passed to pay the
occupancy price equivalent to six times of the revenue assessment, he
would pay the same. Purportedly the said Application of Balaji was not
decided.
3.6 On 14
th
march 1962, the Circle Officer gave a notice to Balaji that
on account of his failure to pay the occupancy charges within the
stipulated period, the possession of the suit land would be resumed on
20
th
March 1962.
3.7 Accordingly on 20
th
March 1962, the possession of the suit land
was taken by the Circle Officer under a panchnama. At that time, the
ARS 10/44
-SA-397-2025+.DOC
lessee of Balaji, Pandurang Gopal Gawandi, the predecessor-in-title of
the Applicants in IA No. 10619 of 2025 was in the occupation of the suit
land.
3.8 In the meanwhile, entries were made in the Record of Rights of
the suit land to the effect that the suit land was “Akari Pad” (resumed on
account of failure to pay the occupancy price). Balaji passed away on
16
th
April 1967.
3.9 On 6
th
May 1964, the then Prant Officer (SDO), Pune, passed an
order declaring that the suit land ceased to be a watan land. By a notice
dated 9
th
May 1972, the Additional District Collector proposed to suo
moto revise the said order and called upon the successor in interest of
Balaji to show cause why the said order passed by the SDO dated 6
th
May 1964, should not be cancelled.
3.10 Thus, on 11
th
March 1974, the Plaintiffs instituted the suit before
the Civil Court at Pune, seeking a declaration that the entries in the
Record of Rights in respect of the suit land as “Akari Pad” had been
effected illegally and the Plaintiffs title over the suit land was neither
lost nor extinguished and the Plaintiffs are the full and absolute owners
of the suit land, and the consequential relief of restoration of possession
of the suit land from the Defendants.
3.11 The Plaintiffs claimed, Trimbak Deshpande and Baburao
Deshpande were paying the
judi (a rent imposed on free holding) and
ARS 11/44
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full survey assessment of the suit land. Thus, the Deshpandes had
become the absolute owners of the suit land with all the incidents of
ownership. Balaji Walvekar also exercised proprietary and possessory
rights over the suit land as an absolute owner thereof.
3.12 The Defendants resisted the suit on multifarious grounds. It was
contended that the suit was barred by law of limitation. It was also
controverted that the payment of
judi does not confer full and absolute
ownership of the watan land over the erstwhile Watandars. The suit
land continued to be a watan land and was governed by the provisions
of Watan Abolition Act 1950. It was, therefore, incumbent upon the
erstwhile watandars to pay the occupancy price on or before 30
th
April
1956. Despite notice to Balaji, the then occupant, the occupancy price
was not paid. Thus, under the provisions of Abolition Act 1950, the
State had lawfully ejected the occupants from the suit land and
resumed the possession thereof. The necessity of the suit land for re-
settlement of the flood affected persons was also sought to be pressed
into service.
3.13 The Plaintiffs examined Arvind Balaji Walvekar, Plaintiff No. 7.
Defendants did not lead any oral evidence in the rebuttal. Both the
parties placed on record a number of documents.
3.14 After an appraisal of the evidence and material on record, the
learned Civil Judge was persuaded to partly decree the suit. It was held
ARS 12/44
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that the Plaintiffs proved their title over the suit land. The suit land
ceased to be the watan land. The resumption of the possession of the
suit land by the Defendants was unlawful, the mutation entry of (“Akari
Pad”) in the Record of Rights of the suit land was illegal and the
Plaintiffs were entitled to the recovery of possession of the suit land.
Thus, the Defendants were directed to deliver possession of the suit
land to the Plaintiff and also to mutate the name of the Plaintiffs to the
Record of Rights of the suit land as the occupants thereof. The Trial
Court, however, declined to direct an enquiry into the
mesne profit as
the suit land was lying fallow.
3.15 Being aggrieved, the Defendants preferred an Appeal before the
District Court. The Plaintiffs filed cross-objection questioning the
legality and correctness of the denial of
mesne profit.
3.16 By the impugned judgment and decree, the learned District Judge
dismissed the Appeal and partly allowed the cross-objection to the
extent of enquiry into the future
mesne profit.
3.17 The learned District Judge also returned a finding that the
Applicants in IA No. 10619 of 2025 were not the necessary parties to
the Appeal.
3.18 Being further aggrieved by and dissatisfied with the impugned
judgment and decree, the State Government is in Second Appeal. The
ARS 13/44
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Appellants in Appeal (Stamp) No. 25320 of 2025 are seeking leave to
file an Appeal against the impugned judgment and decree.
3.19 The Appellants in Appeal (Stamp) No. 25320 of 2025 have also
filed an Application being IA No. 10619 of 2025 in Appeal No. 397 of
2025, seeking a direction to the Appellant to implead the intervenors as
party Respondents to the Second Appeal.
4.I have heard Mr. Anil Anturkar, the learned Senior Advocate for
the Appellants-Defendants in SA No. 397 of 2025 and Mr. A.Y. Sakhare,
the learned Senior Advocate for the Appellants in SA (Stamp) No.
25320 of 2025 and Applicants in IA No.10619 of 2025 and Ms Shruti
Tulpule, the learned Counsel for the Respondents-Plaintiffs.
5.The learned Counsel took the Court through the pleadings,
evidence and documents on record.
6.Mr. Anturkar, the learned Senior Advocate for the Appellants,
would urge that despite concurrent findings by the Courts below, the
instant Appeal presents substantial questions of law for consideration. It
was submitted that, apart from misappreciation of evidence and
misconstruction of documents, the Courts below were in error in not
adverting to the issues of jurisdiction of the Civil Court to entertain a
challenge of the present nature, the bar of limitation and the
peremptory provisions of Maharashtra Hereditary Offices Act, 1874
(“the Hereditary Offices Act 1874”) and Watan Abolition Act 1950.
ARS 14/44
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7.Amplifying the submissions, Mr. Anturkar would urge that, the
Courts below committed a manifest error in placing the burden of proof
on the Defendants. Mere payment of
judi by itself can, under no
circumstances, confer the absolute ownership on the Watandar and alter
the character of the suit land from watan to freehold land.
8.Failure on the part of the Plaintiffs to place on record the terms of
the settlement, under which the erstwhile Watandar Deshpandes were
relieved of their hereditary duties and conferred absolute ownership
over the suit land erodes the Plaintiffs claim.
9.The bar of jurisdiction under Section 4(1)(a) of the Maharashtra
Revenue Jurisdiction Act, 1876 (“the Act of 1876”) was clearly
misconstrued by the Courts below. The Sub-Clause (1) of Section
specifically excludes the jurisdiction of the Civil Court in relation to any
property appertaining to the office of any hereditary officer appointed
or recognised under the Hereditary Offices Act 1874.
10.Likewise, a suit instituted to seek a declaration in regard to the
entries in the revenue record is also explicitly barred by the provisions
of Act of 1876 and the Maharashtra Land Revenue Code, 1960 (“the
Revenue Code 1960”). The Courts below were thus not justified in
lightly brushing aside the jurisdictional challenge.
11.With the aforesaid preface to the challenge, Mr. Anturkar
formulated five proposed substantial questions of law which arise for
ARS 15/44
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consideration in this Appeal; a reference to which would be made a
little later in this judgment.
12. Mr. Anturkar placed a very strong reliance on the Constitution
Bench judgment in the case of Collector of South Satara And Anr Vs
Laxman Mahadev Deshpande and Ors,
1
to drive home the point that
mere commutation of services does not necessarily lead to change in the
character of the watan land.
13.Mr Sakhare, the learned Senior Advocate for the Applicants,
would submit that the predecessor-in-title of the Applicants have been
in possession of the suit land since 1948 under a registered Lease Deed.
In fact, the Plaintiffs had approached the Civil Court with the case of
adverse possession. Though the Courts below have rendered a negative
finding on the said issue, yet, the Plaintiffs would be bound by the
pleadings in the Plaint. As the decree which may be eventually passed
in the Second Appeal would have significant bearing on the rights of the
intervenor and, thus, the Applicants deserve leave to assail the
impugned judgment and decree by filing an Appeal though they were
not parties before the District Court.
14. To this end Mr. Sakhare placed reliance on a judgment of the
Supreme Court in the case of H. Anjanappa & Ors Vs V. A Prabhakar &
Ors.
2
1 AIR 1964 SC 326.
2 2025 SCC OnLine SC 183.
ARS 16/44
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15.Per contra, Ms Tulpule, the learned Counsel for the Respondents-
Plaintiffs would submit that the Courts below have recorded concurrent
findings of facts upon meticulous appraisal of the evidence. The
evidence and material on record unmistakably indicates that the suit
land ceased to be watan land before the Watan Abolition Act 1950,
came into force. The Defendants thus could not have resumed the
possession of the suit land by invoking the provisions contained in
Watan Abolition Act 1950 as those provisions were not at all attracted.
16.Ms Tulpule would further submit that the documents emanating
from, and maintained by, the Defendants thus indicate that suit land
ceased to be a watan land. Moreover, the Defendants did not place on
record the terms of settlement to show that despite the cessation of the
hereditary services being rendered and demanded and payment of
judi
and full assessment, the suit land continued to be watan land.
17.In regard to the bar of jurisdiction, Ms. Tulpule would urge, the
said ground was never raised before the trial Court. Nor does the bar of
limitation sought to be canvassed raises any substantial question of law.
The suit came to be instituted within 12 years from the date of
dispossession, even if it were to be assumed that the suit was based on
previous possession. On the aspect of the continuance of the land as
watan land, Ms. Tulpule would urge the legal position is crystallised by
ARS 17/44
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a catena of decisions. Thus, no question of law much less a substantial
question of law arises for consideration.
18.In regard to the prayer of the Applicants in IA No. 10619 of 2025
to grant leave to prefer an Appeal, Ms. Tulpule would urge the
Applicants have dis-entitled themselves from seeking any equitable
relief as the Applicants have transferred their interest in the suit land in
favour of the transferee, namely, Dattatray Dhone, and, therefore,
Application for impleadment came to be rejected and the said rejection
has attained finality.
19.Before adverting to appreciate the aforesaid submissions, in the
light of the substantial questions of law formulated for consideration by
Mr. Anturkar, it may be apposite to have a resume of the legal regime.
20.Under the Hereditary Offices Act 1874, “Watan property” means
the movable or immovable property held, acquired, or assigned for
providing remuneration for the performance of the duty appertaining to
an hereditary office. It includes a right to levy customary fees or
perquisites, in money or in kind, whether at fixed times or otherwise.
It includes cash payments in addition to the original watan property
made voluntarily by the State Government and subject periodically to
modification or withdrawal.
21.Hereditary Office is defined as under:
"Hereditary Office" means every office held hereditarily for
the performance of duties connected with the
ARS 18/44
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administration or collection of the public revenue or with
the village police, or with the settlement of boundaries, or
other matters of civil administration, The expression
includes such office even where the services originally
appertaining to it have ceased to be demanded.
22. “Watandar” is defined as under:
"Watandar" means a person having an hereditary interest in
a watan. It includes a person holding watan property
acquired by him before the introduction of the British
Government into the locality of the watan, or legally
acquired subsequent to such introduction, and a person
holding such property from him by inheritance. It includes
a person adopted by an owner of a watan or part of a
watan, subject to the conditions specified in sections 33 to
35 .
23.Section 5 of the Hereditary Offices Act 1874 prohibits a Watandar
from alienating watan and watan rights without the sanction of the
State Government.
24.Section 15 of the Hereditary Offices Act 1874, empowered the
Collector with the consent of the holder of the watan given in writing,
to relieve him and his heirs and successors in perpetuity of their liability
to perform services upon such conditions, whether consistent with the
provisions of that Act or not, as may be agreed upon by the Collector
and such holder. Sub-Section (3) of Section 15 declares that every
settlement made or confirmed under that Section would be binding
upon both the State Government and holder of the watan and his heirs
and successors.
ARS 19/44
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25. Section 65 of the Hereditary Offices Act 1874 mandates the
Collector to prepare and keep all Registers necessary for the purposes of
that Act in the form which the State Government may from time to time
prescribe. There shall one Register of lands and allowances in
consideration whereof liability to perform services exists and another of
lands and allowances in respect of which no such liability exists.
26.The State Legislature introduced the Watan Abolition Act 1950 to
abolish the Paragana and Kulkarni Watans as the services of Watandar
holding Paragan and Kulkarni Watans were no longer required.
27.Section 3 declared that on and from the appointed day,
notwithstanding anything contained in any law, usage, settlement,
grant, sanad or order, all Paragana and Kulkarni watans shall be
deemed to have been abolished and all rights to hold office and any
liability to render service appertaining to the said watans were hereby
extinguished.
28.Under Sub-Section (3) of Section 3 of the Abolition Act 1950,
watan land stood resumed and shall be deemed to be subject to the
payment of land revenue under the provisions of the Code as if it were
an unalienated land. Sub-Section (4) of Section 3 extinguished all
incidents appertaining to the said watans. The provisions contained in
Section 4(1) of the Abolition Act 1950 have a material bearing on the
determination of the controversy at hand. It reads as under:
ARS 20/44
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“4. Holder of watan land to be occupant.
(1) A watan land resumed under the provisions of this Act
shall subject to the provisions of section 4A be regranted to the
holder of the watan to which it appertained, on payment of the
occupancy price equal to twelve times of the amount of the full
assessment to such land within five years from the date of the
coming into force of this Act and the holder shall be deemed to
be an occupant within the meaning of the Code in respect of
such land and shall primarily be liable to pay land revenue to
the State Government in accordance with the provisions of the
Code and the rules made thereunder; all the provisions of the
Code and rules relating to unalienated land shall, subject to the
provisions of this Act, apply to the said land:
Provided that in respect of the watan land which has not
been assigned towards the emoluments of the officiator,
occupancy price equal to six times of the amount of the full
assessment of such land shall be paid by the holder of the land
for its regrant:
Provided further that if the holder fails to pay the
occupancy price within the period of five years as provided in
this section, he shall be deemed to be unauthorisedly occupying
the land shall be liable to be summarily ejected in accordance
with the provisions of the Code.
29.In the light of the aforesaid statutory regime, the proposed
substantial questions of law formulated by Mr. Anturkar for
consideration, deserve to be analyzed.
Q.1 Whether in the light of the admitted fact that the suit property is land
governed by the provisions of the Hereditary Offices Act, it can be held
that by virtue of the payment of
judi and the settlement arrived at
between the ancestor of the parties and the Government of
ARS 21/44
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Maharashtra, the property ceased to be a Watan property?
Q5. Whether, even assuming without admitting that a settlement or
arrangement as alleged by the Plaintiff was arrived at regarding the
payment or discharge of
Judi or assessment in a particular manner, the
Watan nevertheless continued to exist until its abolition under the
Bombay Paragana and Kulkarni Watan Abolition Act? And if so, whether
after such abolition, the Watan having stood extinguished and the
Watan holder having failed to pay the amount within the prescribed
time under the said Act, the State rightfully resumed possession of the
suit property from persons in unauthorized occupation thereof,
considering further that the original sale and subsequent transactions
were effected without obtaining the requisite permission under the
Hereditary Offices Act?
30. The thrust of the submission of Mr. Anturkar was that despite the
cessation of extraction of services from the erstwhile Watandar, the
character of the watan land does not change. The only recourse
available to the Watandar/occupant after the enforcement of the Watan
Abolition Act, 1950 was to obtain re-grant of the watan land as an
occupant thereof upon payment of the occupancy charges. Laying
emphasis on the phraseology of Section 4 of the Watan Abolition Act,
1950, Mr Anturkar would urge, the failure on the part of Balaji to pay
the occupancy charges despite ample opportunity entailed the
consequence of resumption of the suit land by the Defendants.
ARS 22/44
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31.Mr. Anturkar would further submit that the claim of the Plaintiffs
that as the late Balaji and the predecessor-in-title of the Balaji
purportedly paid the
judi and full assessment, the suit land ceased to be
watan land and erstwhile Watandar became the absolute owners of the
property is in teeth of the express statutory provisions.
32.Mr. Anturkar would urge in view of the provisions of Section 5 of
the Hereditary Offices Act, 1874, the transfer of the suit land by the
Deshpandes to Padalkar was itself void. Thus, no better title could be
conveyed by the successor in interest of Deshpandes to late Balaji.
33.At this juncture few uncontroverted facts which have been
affirmed by concurrent findings of facts are required to be noted.
34.First, the Deshpandes were the Watandars. Second, the
Deshpandes alienated the suit land under a registered Sale Deed dated
22
nd
April 1898 in favour of Padalkar, without obtaining sanction for
alienation under Section 5 of the Hereditary Offices Act, 1874. Third,
the Sale Deed recited, the Deshpandes asserted absolute ownership over
the suit land and claimed that they had been paying
judi, and the
Vendee should continue to pay the
judi to enjoy the absolute ownership
over the suit land. Fourth, Manohar Padalkar further alienated the suit
land in favour of Balaji under the registered Sale Deed dated 9
th
September 1937. Fifth, Balaji continued to be in occupation of the suit
land till he was dis-possessed on 20
th
March 1962. The name of Balaji
ARS 23/44
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was mutated to the Record of Rights of the suit land as a holder thereof.
Sixth, Balaji also paid
judi and full assessment. 35.As noted above, under Section 15 of the Hereditary Offices Act
1874, the Collector has the power to relieve the Watandar of their
liability to perform services and, yet, continue to hold the watan.
Admittedly, in the case at hand, the Settlement, which is known as
“Gordon Settlement” was not placed on the record of the Court.
36.In the light of the continuous possession of Balaji and his
predecessor-in-title, mutation of their names to the Record of Rights of
the suit land and the payment of
judi and full assessment, the Courts
below have recorded a finding that the Defendant ought to have placed
the Settlement, on the record of the Court, to show to the contrary. In
the circumstances of the case, this Court does not find the approach of
the Courts below in the matter of shifting the onus of proof on the
Defendant, unsustainable.
37.The question of law that wrenches to the fore is, whether in the
absence of the settlement, the Courts below, on the basis of the above
referred material, were justified in drawing an inference that the suit
land ceased to be a want land. It is trite, if the question of law is settled
by binding precedents, it no longer remains a substantial question of
law.
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38.This very question arose for consideration before the Division
Bench of this Court in the case of Ramijabi Maktumsaheb Jamadar Vs
Ghudusaheb Farid Avati.
3
39.The Division Bench considered the question, if the property which
was originally watan property is continued with the holder thereof, but
without the holder having to render services and with the full levy of
assessment from him, what is the effect of such continuance on the
nature of the property, i.e. whether the property still continues to be
watan property or whether it is converted into a ryotwari holding in
which the holder is invested with the rights of an ordinary occupant.
Disapproving the view of the learned Singh Judge that the property may
continue to be watan property, notwithstanding the fact that full
assessment has been levied and services have been dispensed with, the
Division Bench observed that, when the Court considers the fact that
watan property is property held, acquired or assigned for providing
remuneration for the performance of the duty appertaining to an
hereditary office, it is difficult indeed to understand how the property
can continue to retain the nature of watan property even after the
cessation of the performance of the duty. The Division Bench approved
an earlier decision in the case of Vishnu Shankar Kulkarni V Shankar
Vasueo (1933) 35 Bom L.R. 114, wherein it was held that, “where not
only the services have been dispensed with, but also the remuneration
3 ILR 1952 Bom 1019.
ARS 25/44
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for those services has been withdrawn, any question of the property still
remaining watan property” cannot arise. The effect of the Rules was
that the lands which were the original watan lands may be converted
into ordinary ryotwari lands by the levy of full assessment.
40.In the case of Ramijabi Maktumsaheb Jamadar (Supra), the
Division Bench also considered the aspect of inability of the Plaintiff to
place on record an order to the effect that the watan land was
converted into ryotwari land.
41.The Division Bench observed as under:
“It is true that the plaintiff has not been able to produce any order
to that effect in black and white from the Collector. But the
admitted facts of the case justify the interference that such an
order must have been passed. Those facts are: (1) that for a long
time the original holder continued in possession of this property
without rendering the service for which the property was originally
granted to him, and (2) that the said holder became subject to the
levy of full assessment after the commutation of the service. It is
impossible to conceive of a state of affairs in which the revenue
authorities without an order from the Collector would have
ventured to discontinue the taking of service from the original
holder of the property and would have ventured to start levying
full assessment from the holder.”
(emphasis supplied)
42. The aforesaid decision appears to govern the facts of the case at
hand with equal force. Apart from the aforesaid conditions adverted to
by the Division Bench, in the instant case there are two more significant
ARS 26/44
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factors which bear upon the determination of the character of the suit
land.
43.First, in the entry in the Inam Land Register for the year 1936-
1937 against the suit land, an endorsement was made to the effect that,
“deleted from Inam Land” in the remarks column. No credible
explanation could be offered in regard to the said entry made in the
Inam Land Register. The Court cannot lose sight of the fact that the said
Register was required to be mandatorily maintained under the
provisions of Section 65 of the Hereditary Offices Act, 1874. The
Defendant did not lead cogent evidence to dislodge the presumption of
the authenticity and genuineness of the said entry in the Register, which
was required to be maintained under the statute and appeared to have
been so maintained in official course of business.
44.Second, vide communication dated 9
th
May 1972, the Additional
District Collector sought to revise the order passed by the SDO dated 6
th
May 1964, holding that the suit land had ceased to be an Inam Land
prior to abolition of the Paragana Watan Lands. This implied that the
SDO on 6
th
May 1964 had ruled that the suit land ceased to be the
watan land. Cumulatively, the material on record indicates that in
addition to the long standing and uninterrupted occupation of the suit
land despite cessation of rendering of the service before 1889, and
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payment of full assessment, there were documents which recorded that
the suit land was deleted from the Register of Inam Lands.
45.In the case of Bachharam Datta Patil and Anr Vs Vishwanath
Pundlik Patil and Ors
4
a Four Judge Bench of the Supreme Court,
approved the decision in the case of Ramijabi Maktumsaheb Jamadar
(Supra). In the case of Bachharam Datta Patil and Anr (Supra) also, the
Supreme Court was confronted with the situation wherein there was no
evidence to indicate on what terms the services had been dispensed
with and the full assessment levied upon the watan lands. In that
factual context, the Supreme Court exposited the position as under:
“7. … … … Thus the conditions to be agreed upon between
the holder of land which was once part of a Watan and the
Government at the time of the commutation may be of so many
varieties that in some cases the Watan character of the land may
be maintained, whereas in others the conditions agreed between
the parties may themselves contemplate the cessation of that
character. In the present case, apart from the entries in the
Record of Rights, we have no other evidence to indicate as to on
what terms the service bad been completely dispensed with in
perpetuity and the full assessment levied upon those lands. , It is
not therefore clear upon the findings of the courts below that
there were any such conditions attaching to the holding of the
lands in question which could be consistent with the continuance
of the original Watan tenure. It is possible to conceive of a case
where the conditions agreed upon provide for the continuance of
4 (1956) 2 SCC 191.
ARS 28/44
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the Watan tenure in spite of the fact that the holders have been
excused the performance of the customary service. On the other
hand, it may be that there were no conditions agreed between
the parties continuing the Watan character of the land after
dispensing with the service.”
(emphasis supplied)
46. Giving its imprimatur to the decision of the Division Bench in
the case of Ramijabi Maktumsaheb Jamadar (Supra), the Supreme
Court enunciated as under:
“9. A similar question arose for decision in the Bombay High
Court in the case of Ramijyabi Muktum Saheb v. Gudusaheb(1)
after the present case had been decided by that Court. In that
case property which was originally Watan was continued with
the holder thereof but without the obligation to render any
service and with the full levy of assessment in respect of the
land. The question arose whether such land continued to be
Watan land with its special incidents as regards alienation, etc.,
or whether it was ordinary occupancy holding. A single Judge of
that Court who heard the appeal in the first instance came to
the conclusion that the land continued to be Watan land. On
Letters Patent Appeal, the Division Bench after a very elaborate
examination of the relevant-rules and precedents came to the
contrary conclusion and held that the land had ceased to have
the character of Watan and was subject to the ordinary law of
land tenures in that State. We are in agreement with the
conclusion reached by the Letters Patent Bench in that case, the
facts of which were similar to those of the present case. Hence it
must be held that there is neither authority nor principle in
favour of the contention raised on behalf of the appellants.”
(emphasis supplied)
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47. At this stage reference to the decision of the Supreme Court in
the case of Laxman Mahadev Deshpande and Ors (Supra), on which
reliance was placed by Mr. Anturkar, becomes apposite. A Constitution
Bench of the Supreme Court, after adverting to the provisions
contained in the Hereditary Offices Act, 1874, enunciated that it is clear
that the watan property, if any, the hereditary offices, and the rights and
privileges attached thereto, together constitute a watan and a
hereditary office does not lose its character merely because the service
originally appertaining to the office has ceased to be demanded.
Commutation of service does not, therefore, in the absence of an
express agreement to that effect alter the tenure of the land held as
watan. By agreement, the State, for consideration, may agree to relieve
the holder of the office and his successors of the duty to perform the
service for performance of which the grant was made, but the office and
the grant continue, subject to the terms of the settlement under Section
15 of the Bombay Hereditary offices Act, 1874.
48. Referring to a Division Bench judgment of this Court in the case
of Appaji Bapuji Vs Keshav Shamrav and Ors
5
the Supreme Court
further enunciated the nature of the tenure of land originally held as
watan land after commutation of service as under:
“5. In Appaji Bapuji v. Keshav Shamrav (1), the nature of the
tenure of land held originally as (1) (1890) I.L,R. 15 Bow. 13.
5 ILR 15 Bom 13.
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watan land, after commutation of service, fell to be determined
before the Bombay High Court, Sargent C. J., observed at 23 :
"What is termed a Gordon Settlement was an
arrangement-- entered into in 1864 by a Committee, of
which Mr. Gordon, as Collector, was chairman, acting
on behalf of Government with the vatandars in the
Southern Maratha Country, by which the Government
relieved certain vatandars in perpetuity from liability to
perform the services attached to their ices in
consideration of a '
judi' or quit-rent charged upon the
vatan lands…. the reports of Mr. Gordon's Committee
on the Satara and Poona Districts and their
correspondence with Government can, we think, leave
no doubt that the settlements made by that committee,
unless it was otherwise specially provided by any
particular settlement, were not intended by either party
to these settlements, to convert the vatan lands into the
private property of the vatandars with the necessary
incident of alienability, but to leave them attached to
the hereditary ices, which although freed from the
performance of service remained intact, as shown by
the definition of hereditary ice in the declaratory Act 3
of 1874."
But the Commutation settlement does not confer an indefeasible
title to the grantee, for the right affirmed by the settlement under
Section 15 (3) of the Watan Act is liable to be determined by lapse,
confiscation or resumption (Section 22 of the Watan Act). The
State having created the watan, is entitled to put an end to the
watan i. e. to cancel the watan and to resume the grant : Bacharam
Datta Patil Vs Vishwanath Pundalik Patil. Therefore if there be
mere commutation of service, the watan office ordinarily s urvives
without liability to perform service, and on that account the
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character of watan property still remains attached to the grant. But
the State Government may abolish the office and release the
property from its character as watan property.”
49. A correct reading of the aforesaid enunciation of law, in the
respectful understanding of this Court, does not advance the cause of
the submission sought to be canvassed by Mr Anturkar. If it was the case
of mere commutation, without anything more, different considerations
might have come into play as the very definition of, “ hereditary office”
itself provides that such expression includes such office even where the
services originally appertaining to it have ceased to be demanded. Thus,
the aforesaid decision in the case of Laxman Mahadev Deshpande and
Ors (Supra) emphasises that, if there is mere commutation of service
only, the watan office ordinarily survives without liability to perform
service, and on that account the character of watan property still
remains attached to the grant.
50.However, if there are additional factors and concomitant
circumstances, like payment of
judi and full assessment, or the absence
of any action on the part of the Authorities to resume the land, though
the erstwhile watandar/occupant continued to be in the occupation of
the original watan land for decades together, the principle enunciated in
the case of
Ramijabi Maktumsaheb Jamadar (Supra) and approved by
the Supreme Court in the case of Bachharam Datta Patil and Anr
ARS 32/44
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(Supra) would govern the fact-situation. As there are concurrent
findings of fact and the law applicable to the proved fact-situation is
settled by the decisions of this Court and the Supreme Court, the above
proposed substantial questions of law do not arise for consideration.
51. Question Nos. 2 and 3.
Q. 2 Whether the present suit is maintainable in view of the provisions
of the Maharashtra Land Revenue Code, the Code of Civil
Procedure, and the Maharashtra Revenue (Jurisdiction) Act, for
challenging the mutation entry effected in respect of the suit
property?
Q. 3 Whether without first challenging the orders and actions taken
under the provisions of the Bombay Paragana and Kulkarni Watan
Abolition Act, it is open to the Plaintiff to merely question the
mutation entry and seek recovery of possession of the suit
property?
52. Mr. Anturkar, strenuously submitted that the principal relief in
the suit is the declaration that the entry in the Record of Rights in
respect of the suit land as “Akari Pad” is illegal, a suit for such
declaration is not tenable before the Civil Court. As a second limb of
this submission, it was urged that the action of the Defendant in
pursuance of the provisions contained in the Hereditary Offices Act,
1874, and the Watan Abolition Act, 1950, could not have been
challenged before the Civil Court, in view of the specific bar contained
in Section 4 (a) and (d) of the Bombay Revenue Jurisdiction Act, 1876.
ARS 33/44
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53.Ms. Tulpule, the learned Counsel for the Respondents joined the
issue by canvassing a submission that the issue of jurisdiction though
not raised by the Defendants with reference to the provisions contained
in Act of 1876, yet, the learned District Judge has considered the same
and recorded a justifiable finding that the Civil Court has jurisdiction to
entertain the Suit and grant the relief as prayed for, by the Plaintiffs.
To this end Ms. Tulpule placed reliance on the judgment of the Supreme
Court in the case of Sayed Mohomed Baquir El-Edroos Vs State of
Gujarat,
6
and this Court in the cases of Sheth Abdullamiyan
Abdulraheman Vs The Government of The Province of Bombay (The
Secretary of State For India)
7
and Gopinath S/o Ganpatrao Pensalwar Vs
State of Maharashtra and Anr.
8
Since the question sought to be raised is
settled by the binding precedents, no question of law arises for
consideration, urged Ms. Tulpule.
54.The legal position is well-settled that if the Authorities under the
statute have passed the orders beyond the remit of their jurisdiction, or
the order amounts to a nullity or the order has been passed in violation
of the provisions of the governing statute or was in breach of the
fundamental principles of judicial process, the Civil Court's jurisdiction
is not ousted.
6 (1981) 4 SCC 383.
7 1942 ILR Bombay Series 717.
8 2007(1) Mh.L.J. 819.
ARS 34/44
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55.It is trite a plaint is required to be read as a whole, including its
prayer clauses. The prayers in the plaint cannot be dissected and then
read in isolation. The entire context of the dispute and the import of
the the prayers in the plaint are required to be construed in a holistic
manner.
56.In the case at hand from the perusal of the prayer clause (a) it
becomes abundantly clear that the Plaintiffs were essentially seeking the
declarations that they continued to be the full and absolute owners of
the suit land and by the action of resumption of possession of suit land
and the mutation entries in the Record of Rights that the suit land was,
“Akari Pad”, their title was not lost. In addition to the declarations, the
Plaintiffs have also sought a relief of restoration of possession of suit
land.
57.In the considered view of this Court, the prayer in the first part of
clause (a) of the Plaint cannot be read disjointed from the later part and
torn out of context. A declaration with regard to the illegality of the
entries in the Record of Rights is, if the plaint is read in a correct
perspective, essentially a relief consequential to the declaration that the
rights of the Plaintiffs in the suit land are not extinguished on account
of the resumption of possession and that the Plaintiffs are the full and
absolute owners of the suit land.
ARS 35/44
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58.If so construed the reliefs of declaration and possession of the suit
land squarely fall within the plenary and omnipresent jurisdiction of
Civil Court. In the case of Gopinath S/o Ganpatrao Pensalwar (Supra), a
Full Bench of this Court considered the scope of bar under Section 11 of
the Act of 1876. Following an earlier decision in the case of Sheth
Abdullamiyan Abdulraheman (Supra), the Full Bench enunciated the
position in law as under:
“13. Section 11of the Act of 1876 can not, in our view, be said
to create a bar in entertaining the suit relating to an action of
the Revenue Officer, where he purports to do an act which is
without jurisdiction. It goes without saying that where an
authority acts without jurisdiction or purports to pass an order,
that is without jurisdiction, such order is void, non est and
nullity. We do not think it is necessary for us to deal with this
aspect at length, as we are benefited by the Full Bench decision
of this Court in the case of (Abdullamiyan Abdulrehman v. The
Government of Bombay) Vol. XLIV (1942) Bom.L.R. 577. The
Full Bench of this Court had an occasion to consider Section
11of the Act of 1876. The Full Bench considered few decisions
of this Court in the case of (Surannanna v. Secretary of State for
India) 2 Bom.L.R. 261; (Malkajepa Vs Secretaruy of State for
India) 14 Bom.L.R. 332; (Rasulkhan Hamadkhan Vs Secretary
of State for India) 17 Bom.L.R. 513; (Dhanji v. The Secretary of
State) 23 Bom.L.R. 279; (Patdaya v. Secretary of State) 25
Bom.L.R. 1160; (Sulleman v. Secretary of State) 30 Bom.L.R.
431 and (Manibhai v. Nadiad City Municipality) 28 Bom.L.R.
1465, and concluded the legal position thus:
“Those cases have established the principle that where
an authority which purports to pass an order is acting
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without jurisdiction, the purported order is a mere
nullity, as Sir Lawrence Jenkins puts it, it is mere waste
paper; and it is not necessary for anybody who objects
to that order, to apply to set it aside. He can rely on its
invalidity when it is set up against him, although he
has not taken steps to set it aside. The Advocate
General does not dispute the proposition established
by those cases, but he says that the principle does not
apply to Section 11 of the Bombay Revenue
Jurisdiction Act, which operates when an appeal is
possible, and not merely when it is obligatory. I find it
difficult to see why the principle should not apply. If
the true principle be, as those cases decided, that an
order, or what purports to be an order, passed without
jurisdiction, is a nullity, it cannot give rise to any right
whatever, not even to a right of appeal.”
14. It was held by the Full Bench that on a strict use of language
an order which is invalid, is not an order. It was further held
that where the revenue officer purports to do an act or pass an
order which is invalid, his action does not operate to raise a bar
under Section 11 of the Act of 1876.
15. We are in full agreement with the view of the Full Bench in
the case of Abdullamiyan Abdulrehman (supra)”.
59. The aforesaid position is well neigh settled. Consistent with the
findings that the suit land had ceased to be a watan land before the
enforcement of Watan Abolition Act 1950, the Defendants could not
have resorted to the provisions of the Watan Abolition Act, 1950 to
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resume the possession of the suit land. Thus, the view of the leaned
District Judge that the Civil Court had jurisdiction to entertain and
decide the Suit and grant the relief of declaration of title over the suit
land, appears justifiable. For these reasons the proposed substantial
questions of law do not arise for consideration.
60.Lastly, Mr. Anturkar would urge, in the facts of the case the
question as to whether the suit was barred by law of limitation, assumes
the character of substantial question of law.
61. The learned District Judge has carefully analyzed the issue of bar
of limitation. As noted above, the Defendants resumed the possession of
the suit land on 20
th
March 1962. The instant suit came to be instituted
on 11
th
March 1974. The Plaintiffs asserted title over the suit land. For
the reasons recorded in the forgoing paragraphs, this Court finds that
there was no error on the part of the learned District Judge in returning
a finding that, the Plaintiffs are the absolute owners of the suit land. A
suit instituted within twelve years for recovery of possession of land of
which the predecessor-in-title of the Plaintiffs was illegally dispossessed
would squarely be within the period of limitation. Otherwise also, the
suit for recovery of possession of the suit land within twelve years from
the date of dispossession would be within the period of limitation, even
if the suit is considered to be based on previous possession and not title.
Thus, in the facts of the case, bar of limitation plainly does not operate.
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62.The conspectus of the aforesaid consideration is that none of the
proposed questions commends itself as a substantial question of law.
The action of the Defendant in resuming the possession of the suit land
was completely illegal. Thus, the Second Appeal deserves to be
dismissed.
INTERIM APPLICATION (STAMP) NO. 25639 OF 2025:
63. The Applicants claim that Pandurang Gavandi, the predecessor-
in-title of the Applicants was put in possession of the suit land, as lessee
under a registered Lease Deed dated 25
th
October 1948. Late Pandurang
Gavandi continued to be in exclusive use and possession of the suit
land. Eventually, on account of the failure on the part of the Balaji, the
predecessor-in-title of the Plaintiffs, to pay the occupancy price, the
possession of the suit land was resumed by the State Government on
20
th
March 1962 and in the Record of Rights of the suit land an entry of
“Akari Pad”, was made.
64.The Applicants assert, while the challenge to the said action of
resumption of possession and the entries in the Record of Rights of the
suit land awaited adjudication, the Tahsildar by an order dated 23
rd
April 2001, re-granted the suit land to the Applicants. The Plaintiffs
unsuccessfully assailed the said order before the Revenue Authorities
and ultimately in Writ Petition No. 1204 of 2010 by a judgment and
order dated 3
rd
January 2024, the order of re-grant of suit land passed
ARS 39/44
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by the Tahsildar was set aside with a clarification that the entitlement, if
any, of the Applicants and their predecessor-in-title to seek re-grant of
land would depend on the final outcome of the Civil Appeal then
pending before the District Court. Liberty was reserved to the Applicants
to initiate appropriate proceedings depending on the outcome of the
said Civil Appeal. Thus, the Applicants are vitally interested in the
subject matter of the Suit.
65.By the impugned judgment, the learned District Judge has also
rejected the intervention application filed by the Applicants before the
District Court. The Applicants are seriously aggrieved by the impugned
judgment and decree as it affects the rights of the Applicants. Thus, the
Applicants seek leave to prefer an Appeal against the impugned
judgment and decree.
66.As noted above, the Applicants have also filed an Application for
impleadment as party-Respondents in Second Appeal No. 397 of 2025.
67.The substratum of the claim of the Applicants seems to be the
order of re-grant passed by the Tahsildar on 23
rd
April 2001. In Writ
Petition No. 1204 of 2010, this Court has quashed and set aside the said
order of re-grant, as well as the orders passed by the Appellate and
Revisional Authorities affirming the said order passed by the Tahsildar
opining,
inter alia, that issue of entitlement or otherwise of the
Applicants to the re-grant of the land squarely depends upon the
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outcome of the Civil Appeal preferred against the decree of possession
passed by the Trial Court in SC 111 of 1974. Thus, it would be prudent
to await the outcome of the said Appeal, granting liberty to the parties
to work out their remedies after the said decision.
68.Incontrovertibly, the possession of the suit land was resumed by
the Defendant on 20
th
March 1962. The predecessor-in-title of the
Applicants was in possession of the suit land as a lessee thereof. No
effort was made to join the issue on the nature and character of the
possession of the predecessor-in-title of the Applicants over the suit
land. Thus, on first principles, the Applicants now cannot assert
independent rights emanating from the Lease Deed. The Applicants case
rests on the purported re-grant of the suit land to the Applicants; which
has been set aside on 3
rd
January 2024, by this Court. Whether the
Applicants still hold right and interest in the suit land?
69. The learned District Judge has recorded that the Applicants have
transferred their right and interest in the suit land in favour of the
Dattatray Dhone under a registered Lease Deed dated 29
th
December
2007 and registered Confirmation Deed dated 7
th
November 2008, after
the order of re-grant. On the strength thereof the transferees Dattatray
Dhone sought impleadment in the then pending Appeal before the
District Court. The Application for impleadment was allowed by the
District Court. However, in Writ Petition No. 12905 of 2019, by an order
ARS 41/44
-SA-397-2025+.DOC
dated 24
th
October 2018, the said order of impleadment of the Dattatray
Dhone was quashed and set aside. A Special Leave to Appeal (C) No.
2419 of 2020 was dismissed by the Supreme Court on 21
st
May 2020.
The learned District Judge thus held that the Applicants have no locus
to seek impleadment in the Appeal.
70.In the backdrop of the aforesaid facts, it is imperative to note that
the Applicants do not seem to have any subsisting right or interest in
the suit land. They have no semblance of interest in the suit land in
presentee.
71.Secondly, the claim of the Applicants stems from order of re-grant
dated 23
rd
April 2001. The said grant was subject to the principle of
lis
pendense
. The Applicants do not claim that there is any privity between
the Applicants and the Plaintiffs. Conversely, the presence of the
Applicants did not appear to be necessary for the effective and complete
adjudication of the lis. The mere fact that the Applicants seek to support
the action of the Defendant does not make them either a necessary or
proper party to the proceeding.
72.The Applicants may agitate the issue of re-grant of the suit land
in view of the liberty granted by this Court in Writ Petition No. 1204 of
2010. However, that does not necessarily imply that the Applicants are
aggrieved by the impugned judgment and decree.
ARS 42/44
-SA-397-2025+.DOC
73.For the aforesaid reasons, I am not inclined to grant leave to the
Applicants to prefer the Second Appeal and allow the Application for
imleadment of the Applicants as the party-Respondents to the Second
Appeal No. 397 of 2025.
74.Consequently the Application to seek leave to Appeal as well as
the application seeking impleadment in Second Appeal No. 397 of 2025
deserve to be rejected.
75.Hence, the following order:
: O R D E R :
(i) The Second Appeal No. 397 of 2025 stands dismissed with costs.
(ii) All pending Applications including Interim Application No. 10619
of 2025 for impleadment of the Applicants therein as party-
Respondents, in Second Appeal No. 397 of 2025, stand dismissed.
(iv) Interim Application (Stamp) No. 25639 of 2025 in Second Appeal
(Stamp) No. 25320 of 2025 seeking leave to prefer Appeal also stands
dismissed.
(v) Consequently, the Second Appeal (Stamp) No. 25320 of 2025 and
all pending Applications in Second Appeal (Stamp) No. 25320 of 2025,
also stand dismissed.
[N. J. JAMADAR, J.]
At this stage, the learned counsel for the Appellant and the
ARS 43/44
-SA-397-2025+.DOC
Applicants in Interim Application (Stamp) No. 25639 of 2025 seek stay
to execution and operation to the impugned decree. The Court is
informed that in the execution proceedings filed by the Plaintiffs, the
Applicants in Interim Application (Stamp) No. 25639 of 2025, had filed
obstruction proceedings.
Having regard to the fact that possession of the subject land was
taken by the State Government in the year 1962, and the Applicant in
IA No. 10619 of 2025 have transferred the subject land in favaour of
Dattatray Dhone, the prayer for grant of stay to the execution and
operation of the impugned decree cannot be countenanced.
Thus, oral applications to stay the execution and operation of the
impugned decree stand rejected.
[N. J. JAMADAR, J.]
ARS 44/44
The recent pronouncement by the High Court of Bombay in the case of The State of Maharashtra v. Chandrabai Balaji Walvekar (Second Appeal No. 397 of 2025) offers critical insights into Watan Land Abolition Law and the scope of Civil Court Jurisdiction in Revenue Matters. This significant judgment, alongside related interim applications, is now fully analyzed and accessible on CaseOn, providing legal professionals with a comprehensive understanding of its implications.
This long-standing legal battle, spanning over three-quarters of a century, revolves around a plot of land (Survey No. 65/1, admeasuring 4 acres 11 gunthas) in Village Parvati, Pune, originally classified as ‘watan land’ belonging to the Deshpande family under the Paragana and Kulkarni Watan regime. The land was sold in 1898 to Manohar Padalkar, who subsequently sold it to Balaji Walvekar, the predecessor-in-title of the Plaintiffs, in 1937. Balaji Walvekar's name was duly mutated in the Record of Rights, and he regularly paid 'judi' (a form of rent) and full assessment for the land.
The crux of the dispute arose with the enactment of The Bombay Paragana And Kulkarni Watans (Abolition) Act, 1950 (the "Watan Abolition Act"). This Act abolished all Paragana and Kulkarni Watans, resuming watan lands. Section 4 provided for re-grant of these lands to the original watan holders upon payment of an occupancy price. The State contended that Balaji Walvekar failed to pay this price despite a notice in 1953, leading to the resumption of the land by the Circle Officer on March 20, 1962, and the entry of "Akari Pad" (resumed) in the Record of Rights. However, an earlier order by the Prant Officer (SDO) on May 6, 1964, declared that the suit land had ceased to be watan land, an order the Additional District Collector later sought to revise in 1972.
Aggrieved by the resumption and the entries, the Plaintiffs (Balaji Walvekar's successors) instituted a suit in 1974, seeking a declaration that their title was not extinguished, the resumption was illegal, and demanding restoration of possession. The Trial Court partly decreed the suit in favor of the Plaintiffs, finding their title proven and the State's actions unlawful. The District Judge upheld this decision, dismissing the State’s appeal and allowing the Plaintiffs’ cross-objection for future mesne profits. This led the State Government to file the Second Appeal before the High Court.
Whether, given the payment of ‘judi’ and full assessment and a historical settlement, the suit property ceased to be 'Watan property' before the Watan Abolition Act, 1950, came into force, thereby making its resumption by the State unlawful.
Whether the Civil Court had the jurisdiction to entertain a suit challenging mutation entries and actions taken under the Hereditary Offices Act, 1874, and the Watan Abolition Act, 1950, particularly given the specific bars in the Maharashtra Revenue Jurisdiction Act, 1876.
Whether the Plaintiffs' suit for recovery of possession, filed in 1974 after dispossession in 1962, was barred by the law of limitation.
Whether the applicants in Interim Application No. 25639 of 2025, claiming rights as lessees whose re-grant order was quashed, should be granted leave to file an appeal against the impugned decree.
The Court delved into the definitions and provisions of the Hereditary Offices Act, 1874, which defines "Watan property" and "Hereditary Office," highlighting that such property is held for remuneration for services. Section 5 prohibits the alienation of watan land without government sanction, and Section 15 empowers the Collector to relieve watandars of their service liability under agreed conditions. Crucially, Section 65 mandates the maintenance of registers for watan lands.
The Watan Abolition Act, 1950, served to abolish these watans, resuming the lands and allowing for their re-grant to watan holders upon payment of an occupancy price. Failure to pay within the stipulated period rendered occupation unauthorized, liable for summary ejectment.
The High Court relied heavily on the Division Bench judgment in Ramijabi Maktumsaheb Jamadar Vs Ghudusaheb Farid Avati (ILR 1952 Bom 1019), which held that if a watan holder continues in possession without rendering services and is subjected to full assessment, the property ceases to be watan land and is converted into a ryotwari holding, even in the absence of an explicit order. This principle was subsequently approved by the Supreme Court in Bachharam Datta Patil and Anr Vs Vishwanath Pundlik Patil and Ors ((1956) 2 SCC 191).
The Court distinguished the Constitution Bench judgment in Collector of South Satara And Anr Vs Laxman Mahadev Deshpande and Ors (AIR 1964 SC 326), which held that mere commutation of services does not necessarily alter the character of watan land. The distinction lay in the presence of additional factors beyond mere commutation in the present case.
Regarding the Civil Court’s jurisdiction, the Court referenced judgments such as Sayed Mohomed Baquir El-Edroos Vs State of Gujarat ((1981) 4 SCC 383) and Gopinath S/o Ganpatrao Pensalwar Vs State of Maharashtra and Anr (2007(1) Mh.L.J. 819). These decisions establish that civil courts retain jurisdiction when revenue authorities act beyond their statutory powers, or when their orders are a nullity, as such actions do not create a valid bar under the Maharashtra Revenue Jurisdiction Act, 1876.
The High Court carefully considered the concurrent findings of fact by the lower courts. It noted Balaji Walvekar's continuous possession since 1937, the mutation of his name, and the payment of ‘judi’ and full assessment. Crucially, the Defendant (State) failed to produce the terms of the "Gordon Settlement" or any document to counter the Plaintiffs' claim that the land had ceased to be watan. The Court affirmed that in such circumstances, the burden of proof shifted to the Defendant.
Further, two significant pieces of evidence supported the Plaintiffs: an entry in the Inam Land Register (1936-1937) stating "deleted from Inam Land," and the SDO's order dated May 6, 1964, which explicitly ruled that the suit land had ceased to be an Inam Land. The Additional District Collector's later attempt to revise this SDO order in 1972 was insufficient to nullify its original impact. The Court concluded that these cumulative factors—long, uninterrupted occupation without service, full assessment payment, and official entries reflecting its non-watan status—demonstrated that the land had indeed transformed from watan to ryotwari land before the 1950 Act.
The Court found the Civil Court's jurisdiction to be justifiable. The Plaintiffs’ suit, seeking a declaration of title and the illegality of the "Akari Pad" entries, along with possession, implicitly challenged the State's resumption action as being beyond jurisdiction. Since the land was found to have ceased being watan land, the State's attempt to resume it under the Watan Abolition Act, 1950, was an action taken without proper authority, making the resulting orders a nullity. Consistent with established precedents, the Civil Court rightly exercised its plenary jurisdiction to adjudicate such matters.
The Court upheld the lower court's finding that the suit was within the period of limitation. The Plaintiffs were dispossessed on March 20, 1962, and the suit was instituted on March 11, 1974. A suit for recovery of possession of land based on title or previous possession is typically subject to a 12-year limitation period, which was observed in this case. Therefore, the argument of the suit being time-barred was rejected.
The applications by the intervenors (legal representatives of Pandurang Gavandi) for leave to appeal and impleadment were dismissed. Their primary claim stemmed from a re-grant order passed by the Tahsildar in 2001, which was subsequently quashed by the High Court in 2024, with the Supreme Court also dismissing a Special Leave to Appeal. Furthermore, the intervenors had transferred their interest in the suit land to Dattatray Dhone, whose application for impleadment was also quashed earlier. The High Court concluded that without any subsisting right or interest in the suit land, and in light of the quashed re-grant order, they were neither necessary nor proper parties to the appeal.
For legal professionals grappling with such nuanced procedural points, CaseOn.in's 2-minute audio briefs offer an invaluable tool, distilling key arguments and rulings to ensure quick, yet comprehensive, analysis of judgments like these.
In light of the detailed analysis, the High Court of Bombay concluded that no substantial questions of law arose for consideration. The action of the State Government in resuming possession of the suit land was deemed completely illegal. Consequently, the Second Appeal filed by the State of Maharashtra (SA No. 397 of 2025) was dismissed with costs. All pending applications, including the interim application for impleadment (IA No. 10619 of 2025) and the application seeking leave to appeal (IA No. 25639 of 2025 in SA (Stamp) No. 25320 of 2025), were also dismissed. Oral applications for stay of execution and operation of the impugned decree were rejected due to the intervenors having transferred their interest in the land.
This judgment serves as a pivotal reference for understanding the complex interplay between historical land tenures, statutory abolition laws, and civil court jurisdiction. For lawyers, it reinforces the importance of meticulous documentary evidence in establishing property rights, especially in cases involving ancient settlements and land reforms. It provides clarity on when 'watan land' ceases to be so, even in the absence of explicit orders, based on consistent actions like paying full assessment and cessation of hereditary services. For law students, it's an excellent case study on the application of the IRAC method to analyze intricate property law issues, the doctrine of res judicata (implied, regarding prior orders), and the limitations of administrative actions when they exceed statutory authority. It also illustrates the procedural aspects of appeals and intervenor rights.
All information provided in this article is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers should consult with a qualified legal professional for advice on any specific legal matter.
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