STATE OF BOMBAY Vs. ESTATE INVESTMENT CO. LTD

JUDGEMENT

(1.) THIS appeal raises two questions under the Bombay Tenancy and Agricultural Lands Act, 1948. They are, whether the State Government, where it has taken over management of lands belonging to a landholder under Chapter IV of the Act, is liable to render an account of its management during the pendency of the management, and secondly whether a suit filed by a landholder for accounts can be entertained by a civil Court.

(2.) BY an Indenture of grant and demise dated November 7, 1870, the Secretary of State in Council granted and demised certain lands, hereditaments and premises therein described to one Ramehandra Laxinanji of Bombay for a term of 999 years on certain terms and conditions therein contained. By diverse transfers made subsequently the plaintiff -company became the owner of part of these lands, situate at Bhayandar, Mira and Ghodbunder, aggregating in all to about 7000 acres. The plaintiff -company took over possession of these lands in 1949 and thereafter managed them as the owner thereof and recovered rents and profits arising therefrom.

(3.) ON January 17, 1955, the plaintiff -company gave a notice (exh. No. 22) to the State of Bombay under Section 80 of the Civil Procedure Code calling upon them to render an account of the management of these properties and declaring therein its intention to file a suit. The State of Bombay did not choose to give any reply to this notice nor to comply with the demands made therein. On April 11, 1955, the plaintiff -company filed the present suit, being Suit No. 123 of 1955, in the Court of the learned Civil Judge (Senior Division), Thana, for rendition of accounts and payment of the balance left in the hands of the State Government.