SECY OF STATE Vs. ANANT KRISHNAJI NULKAR

JUDGEMENT

(1.) The appellants in this case were defendants in a suit at the instance of the respondents before the District Judge of Khandesh. He decided in favour of the appellants, but his decree was reversed in the High Court of Judicature at Bombay. Hence this appeal.

(2.) The first respondent had rendered certain war service, and in 1919 he applied to the Government for a grant of certain lands which are now in suit. On 21 May 1919, the Collector of the District of East Khandesh, Mr. Mohteath, made an order, granting him the lands in question, subject to two conditions. These were (a) that the lands should be held free from payment of occupancy price, and (b) that the lands should be free of assessment till they were brought under cultivation. The lands were Government lands within the meaning of S.37, Bombay Land Revenue Code, 1879 (Act 5). Respondent 1 duly entered into possession of them. On 6 December 1921, the Commissioner for the District made an order, directing that the proper occupancy price according to the full market value of the lands on the date when the grant was originally made -viz., 21 May 1919-should be recovered from respondent 1, and that the ordinary land revenue, (consolidated) should be recovered from the year 1919- 20.

(3.) Respondent 1 paid the assessments, but not the occupancy price; and in consequence the Assistant Collector, on 29 August 1922, made an order, forfeiting the occupancy holding of respondent 1. He was evicted from the lands on 11 September 1922. The Government thereupon resumed possession of them.