MAHADAJI AMRIT KULKARNI Vs. COLLECTOR OF SATARA

JUDGEMENT

(1.) This is an application by Mahadaji Amrita, the mortgagor-decree-holder, in a suit for redemption, No. 274 of 1923, against the order of the Subordinate Judge of Vita on July 9, 1926, cancelling the decree in that suit on a certificate purporting to be under Section 10 of the Watan Act, III of 1874, of the Collector of Satara, and ordering the petitioner to deliver over possession of the land in suit to the Collector or to the judgment-debtor-mortgagee.

(2.) The relationship between the parties is shown in the following genealogical tree.

(3.) About the year 1862 and in any case prior to the passing of the Watan Act Bhagirtbibai, the widow of Waman, made a gift to Amrita, the illegitimate son of Balaji, of the watan lands in suit. In 1889, Amrita mortgaged the lands to Joti, opponent No. 2, with possession. In 1908, the matter was taken up by the Collector and the Government Resolution No. 5717, Kevenue Department, was passed on June 9, 1908, as follows : In this case the alienation is of long standing, there was no fraud, and the profits were actually in the possession of the alienee. There was, however, want of proper consideration. The alienation should, therefore, be declared null and void, but instead of transferring the possession of the land, the mortgagee should be required to pay the full rent to the watandar.