STATE OF MAHARASHTRA Vs. NARAYAN LAXMAN THATTE

JUDGEMENT

(1.) An interesting question arises in this appeal relating to the interpretation of section 9 of the Bombay Personal Inams Abolition Act, 1952 and its effect upon the facts of this case. However, in the ultimate analysis it is found that having regard to the particular document of title of the plaintiff in the instant case it has got to be held that decree passed by the Lower Court is correct and valid.

(2.) The facts of the case are very simple. The suit lands were originally Inam lands. Admittedly in a portion of the said land there is a stone quarry. The plaintiffs and their predecessors, who belonged to Inamdar family, admittedly used to sell the right to quarry the stones from the land. The Inam was abolished by virtue of the Bombay Personal Inam Abolition Act 1952, which came into force with effect from 1-8-1955. The Inam stood extinguished and the suit land vested in the Government. The Government even went to the extent of assigning the suit land to the Group Gram Panchayat of the village and on 29-10-57 even the possession of the lands including the suit land having quarry was given to the Group Gram Panchayat. It appears that the plaintiffs who are admittedly the last Inamdars moved various authorities for the purpose of establishing their right over the stone quarry in the suit land contending that it was a mine and that the stones gigged out from the mine were minerals products within the meaning of section 9 of the said Inam Abolition Act. Their contention was that the plaintiffs right over the mines and minerals from the suit land had remained unaffected by virtue of section 9 of the Act, the extinguishment of this Inam notwithstanding. When the plaintiffs moved the Collector in this behalf, it appears, that an enquiry was ordered to be made by the Circle Officer. The Circle Officer made a report dated 22-6 -1960 which forms part of the papers called from the Court. In the said report the Circle Officer had stated that the ownership of the stone mine in Survey No. 99 which is the suit land are vested in Inamdar Thatte. It was further stated that the Inamdar himself gave permission to other to extract stones from the mine. It was further stated that after the abolition of the Inam the suit land Survey No. 99 vested in the Government and on that account Survey No. 99 was given into the possession of the group Gram Panchayat of Panwale. It was further stated that at present the Gram Panchayat is looking after the management of the mine. Although the plaintiffs were not furnished with the copy of the said report, the said report forms part of the record in these proceedings and the correctness of the report is not disputed before me. As a matter of fact they had started proceedings before the Collector under the Inam Abolition Act, for payment of compensation to the Inamdar. The Inamdar was paid compensation so far as the land was concerned. But so far as the stone mine was concerned the Dy. Collector who gave the award dated 31st January, 1961, in that behalf observed in his award as follows :---

(3.) The contention of the plaintiffs are already set out above. The defence of the Government, defendant No. 1, was that the suit land was not a land within the meaning of section 9 of the Inam Abolition Act. The contention was that on the date of the Inam Abolition Act suit land was entered into the Revenue Record as Gairan (free grazing land). The contention, therefore, was that it could not be said to be a mine within the contemplation of section 9 of the Inam Abolition Act. It was contended that the suit land vested in the Government with effect from 1st August, 1955 and that all the rights of the Inamdars such as the plaintiffs stood extinguished with effect from that date. Plea of the bar of limitation was also raised.