SHYAMSUNDER TIKAM SHET Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is brought by special leave from the judgment of the Maharashtra Revenue Tribunal, Bombay in Revenue Appeal No. 40 of 1962, whereby the Trial court set aside the award of the Special Deputy Collector, (Khoti) Kolaba under Section 12 of the Bombay Khoti Abolition Act, 1949 directing the amount of Rs. 837.94 to be paid to the appellants for their share of Re. 0-12-1 1/3 share in village Kotheri, Taluka Mahal, District Kolaba and remanded the case for retrial stating the points for decision by the Special Deputy Collector.

(2.) On October 9, 1950 the appellants made an application before the Collector of Kolaba for obtaining compensation for Khoti rights in respect of reserved forest and unassessed lands in accordance with the provisions of the Bombay Khoti Abolition Act, 1949 (Act No. VI of 1950) (hereinafter referred to as the Act). In the application, the appellants stated that the village Kotheri in Taluka Mahal was a Khoti village of Pat (leasehold) and that the appellant had a Khoti share of Re. 0-12-11/2 in the village. The appellants said that the total compensation which they claimed for the entire village came to Rs. 17,615/- and that the share of Re. 0-12-1 1/3 came to Rs. 13,333-9-0. The appellants further claimed a sum of Rs. 7,480/- in respect of 'loss under the reserved forest (74 acres 32 gunthas)' and a sum of Rs. 6,850/- being the one-third share of "the price at the present market rate of the trees etc., that at present stand in the reserved forest". On January 31, 1962 the appellants filed before the Special Deputy Collector, Kolaba a preliminary statement. In that statement the appellants contended that the Khots used to guard the forest in their proprietary rights in about the year 1860 A. D. and that the said land had been taken to the reserved forest. The appellants further contended that they had a partnership with the State in respect of forest income, that is, in the division of agricultural produce and that the "partnership in the forest income has not been abolished under the Khoti Abolition Act and the partnership is still subsisting." The appellants said that "the question of determining compensation for the forest partnership cannot, therefore, arise." On May 15, 1962 the Special Deputy Collector (Khoti) Kolaba made his award granting a sum of Rs. 837.94 as compensation. Aggrieved by the award the appellants preferred an appeal before the Maharashtra Revenue Tribunal being Revenue Appeal No. REV.A 40 of 1962. On September 16, 1963, the appellants submitted before the Tribunal their written arguments. On September 18, 1964, November 21, 1964 and February 1, 1965 the appellants filed before the Tribunal further supplementary arguments in writing. On February 21, 1965 the Tribunal delivered its judgment holding that the Khoti in the Kolaba cannot claim proprietary rights in the village or in the reserved forest unless he proves that he has separate sanad or grant conveying to him these proprietary rights. The Tribunal, however, took the view that the appellants were not bound by any compromise decree and the Special Deputy Collector has dealt with the matter in a perfunctory manner. The tribunal therefore, set aside the award and remanded the case for retrial setting out the points to be decided by the Special Deputy Collector.

(3.) The Bombay Khoti Abolition Act, 1949 came into force with effect from April 12, 1959. Section 2 (1) (iv) of the Act defines the word "Khot" as including a mortgagee lawfully in possession of a Khotki Section 2 (1) (vii) of the Act defines the words "Khoti Khasgi land" as follows: