DATTATRAYA WAMAN RAJGURU Vs. SECRETARY OF STATE

JUDGEMENT

(1.) These appeals relate to suits which have arisen out of the commutation of the kulkarni watans in 1914. The plaintiffs are the persons with whose consent the kulkarni watans were commuted or their representatives or cosharers, and it is alleged in each case that the consent was not freely given and was duo to coercion on the part of Government and that there was no investigation under Section 73, Watan Act. and therefore the orders of commutation were illegal. The plaintiffs ask for a declaration that they are entitled to officiate as watandar kulkarnis and a permanent injunction against the defendant restraining him from doing anything which would affect the rights of the plaintiffs in the kulkarni watans.

(2.) The defendant the Secretary of State denied the several allegations made in the plaint and contended that the suits were barred under Section 4(a) and Section 11, Bombay Revenue Jurisdiction Act and were also barred under Articles 14, 44, 91 and 120, Lim. Act and raised other technical defences.

(3.) Three preliminary issues wore raised, and the learned District Judge held that the jurisdiction of the civil Court Was barred under Section 4(a), Revenue Jurisdiction Act 10 of 1876.