MADHAVRAO VAMAN Vs. RAGHUNATH VENKATESH

JUDGEMENT

(1.) The suit in which this appeal has arisen was brought on October 22, 1914, in the Court of the First Class Subordinate Judge of Belgaum by Vatandars for the ejectment of the defendants from service Vatan lands in Mauza Bhivashi in Taluka Chikodi in the District of Belgaum, and for mesne profits. The defendants are not Vatandars, nor is any one of them a Vatandar, of the Vatan. The defendants Nos. 1 to 4 in their written statement, allege that they, from before 1853, acquired adversely to the family of the plaintiffs a right to the possession of the lands in question as permanent tenants, and enjoyed that right for more than twelve years before suit in the life-time of the father of the plaintiffs, and that "the cause of action arose in the year 1865, when the plaintiffs grandfather died." The title, if any, of the other defendants depends on the title of the defendants Nos. 1 to 4.

(2.) The facts of the case will be briefly stated presently, but in order to see whether under those facts the defence of adverse possession is maintainable, it is necessary to bear in mind what the law as to the alienation by a Vatandar of his service Vatan lands was, in 1853, and has been down to the institution of this suit.

(3.) Regulation XVI of 1827 was passed by the Governor of Bombay in Council on January 1, 1827, Before that Regulation was passed a Vatandar could, apparently without the sanction of the Government, assign or mortgage his service Vatan lands and could grant to any one a permanent lease of them, but the effect of 89. 19 and 20 of the Regulation was to prohibit, in the interests of the State, all such Vatandars from alienating in any way the service Vatan lands which they held as Vatandara. Secs.19 and 20 of that Regulation applied to the lands in suit. Secs.19 and 20 of that Regulation continued in force until they were repealed by Bombay Act III of 1874, but the repeal of those sections by Act III if 1874 did not make valid any alienation of service Vatan lands which had been prohibited by Regulation XVI of 1827 : Padapa V/s. Swamirao (1900) I.L.R. 24 Bom. 556 561 : L.R. 27 I.A. 86 90. Section 5 of Bombay Act III of 1874 now applies to the lands in question. That section is as follows: V. No Watandar shall, without the sanction of Government, sell, mortgage, or otherwise alienate or assign any Watan or part thereof or interest therein to any person not a Watandar of the same Watan.