VITHAL GOVIND TOKE Vs. DRUPADABAI CHIMA GAYAKWAD

JUDGEMENT

(1.) AS these petitions give rise to common questions of law on almost identical facts, they can conveniently be disposed of by this common judgment.

(2.) THE petitioners, claiming to be lessees under the watandars, challenge the orders passed by the authority under the provisions of the Bombay Inferior Village Watans Abolition Act, 1958 (hereinafter called the "act" ). By virtue of the provisions of the Act, the hereditary system of watans was sought to be abolished and the watandars who were enjoying the land under the grant given by the Government in old time were given regrant of the land on abolition of the system, without insisting on rendering any service in consideration of that grant. Therefore, as is seen from the Preamble to the Act, with an avowed object of abolition of hereditary service system, the Act has been enacted. Before going to the controversial aspect of the case, it is necessary to have a general survey of the relevant provisions of the Act.

(3.) THE Preamble to the Act states that it has been enacted "to abolish the hereditary village officers of lower degree than that of a revenue or police patel or village accountant and the watans appertaining thereto. . . . . . . . . . . . . . . . . . . " The relevant sub-sections of section 2 defining various phrases used in the Act are as follows :-