STATE OF GUJARAT Vs. GUJARAT REVENUE TRIBUNAL

JUDGEMENT

(1.) These twenty-seven appeals, by special leave, directed against a judgment of the Gujarat High Court dated Nov. 5, 1968 raise a common question and are, therefore, disposed of by this common judgment.

(2.) The short question involved in these matters relates to interpretation of S. 6 of the Bombay Taluqdari Tenure Abolition Act, 1949, "the Taluqdari Abolition Act," and S. 7 of the Bombay Personal Inams Abolition Act, 1952, "the Personal Inams Abolition Act."

(3.) In the present appeals, certain facts are no longer in dispute. The respondents are the erstwhile taluqdars or inamdars in what was known as Ghogha Mahal, which now forms part of the Bhavnagar district. There were vast stretches of hilly tracts described as 'Dungar', which were incapable of cultivation, but on which there was spontaneous growth of grass. These lands formed part of their taluqdari estates or inams. They used to sell the grass growing on these lands and it was a definite source of income to them. It appears that the lands were recorded as Kharaba in the record of rights and, therefore, consequent upon the abolition of taluqdari rights by the Taluqdari Abolition Act and with the abolition of inams under the Personal Inams Abolition Act, the lands were recorded as having vested in the Government. Thereupon, the respondents made separate claims before the Mahalkari, Ghogha Mahal, seeking a declaration under S. 37 (2) of the Bombay Land Revenue Code 1879 that the lands were neither vacant lands nor uncultivated lands, and being in their possession, they became the occupants thereof.