SHANKAR RAGNATH KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) QUESTION is whether the suit lands were "watan Lands" as defined under section 2 (h) of the Bombay Paragana and Kulkarni Watan (Abolition) Act, 1950 (the Abolition Act) on or before 1st February 1951 when the said Act was brought into force.

(2.) THE point arises against the following undisputed factual background. Survey No. 592/1, 6 acres, 34 gunthas, Survey No. 592/2, 4 acres and 14 gunthas and Survey No. 592/3, 4 acres and 11 gunthas from village Kudas taluka Khed, District Pune, were the ancestral property of the plaintiff- Shankar Kulkarni. They were "watan property" under the Bombay Hereditary Offices Act, 1874 (The Watan Act ). In the Inam Patrak of 1898-99 (Exh. 102) it is mentioned that a Judi was levied upon these lands which the predecessors of the plaintiff were paying. In the Inam Patrak of 1909-10 (Exh. 103), it is mentioned that the Government started recovering full assessment from the predecessors of the plaintiff who were Watandars. The plaintiff had applied to the Government for commutation of Watan relieving him from the duty of rendering service as the Watandar Kulkarni. The Watan was commuted with certain terms and conditions and the plaintiff became free from obligation to render service as Kulkarni with effect from 16-3-1937 when he was granted a Sanad (Exh. 82) under which cash allowance of Rs. 80/- was agreed to be paid in perpetuity to the Watandar every year. Condition No. 1 in Exh. 82 lays down that subject to the payment of Judi not exceeding the full assessment, as shall from time to time be leviable, the land shall be continued hereditarily in a specified manner as Watan lands without demand of service. Condition No. 4 lays down that the lands and cash allowance shall be subject to provisions of sections 5 and 10 to 12 of the Watan Act and the Collector may order on application in writing by the holder that the said provisions shall not apply and the said order shall be endorsed on the Sanad.

(3.) IT is thus clear that the Watan character of the suit lands was specifically retained and the succession to such lands was also revised in the specified manner and this the position continued till the Abolition Act came into force. Admittedly the plaintiff did not pay the occupancy price on or before 30th April, 1956 as required under section 4 of the Abolition Act, deposited the same in the year 1957, prayed for acceptance of the delayed occupancy price and regrant the lands and their conversion into ryotwari lands. The Revenue Authorities turned down the request of the plaintiff and granted lands to defendants Nos. 4 to 6 who were in actual occupation as tenants for past several years. Hence the plaintiff filed this suit for declaration that the lands had ceased to be Watan lands and were ryotwari lands when the Abolition Act came into force as a result the Abolition Act would not apply. A relief of actual and/or symbolic possession was also prayed for. Both the Courts dismissed the suit and hence this Second Appeal.