Vishnu Hari Kulkarni Vs. Ganu Trimbak - Court Judgment

SooperKanoon Citationsooperkanoon.com/336190
SubjectCivil
CourtMumbai
Decided OnJan-09-1888
JudgeNanabhai Haridas and ;Jardine, JJ.
Reported in(1888)ILR12Bom278
AppellantVishnu Hari Kulkarni
RespondentGanu Trimbak
Excerpt:
jurisdiction - bombay act iii of 1874--vatandar kulkarni and rayat--perquisites, right to. - nanabhai haridas, j.1. where the question between a vatandar kulkarni and a rayat is whether the former is entitled to receive any perquisites at all from the latter, we do not think the jurisdiction of the civil court to try that question is taken away by any provision of bombay act iii of 1874. we, therefore, reverse the district judge's decree, and remand the case, in order that he may determine, as the subordinate judge has done, upon the evidence in the case, what amount, if any, is due to the plaintiff for the year 1881-82, and pass, a fresh decree accordingly, awarding costs, the collector not having yet exercised his powers under section 17 of that act. but neither this decree nor any the district judge may make is to affect the collector's powers under that section when he chooses to exercise them. respondent to pay the costs of this appeal.
Judgment:

Nanabhai Haridas, J.

1. Where the question between a vatandar kulkarni and a rayat is whether the former is entitled to receive any perquisites at all from the latter, we do not think the jurisdiction of the Civil Court to try that question is taken away by any provision of Bombay Act III of 1874. We, therefore, reverse the District Judge's decree, and remand the case, in order that he may determine, as the Subordinate Judge has done, upon the evidence in the case, what amount, if any, is due to the plaintiff for the year 1881-82, and pass, a fresh decree accordingly, awarding costs, the Collector not having yet exercised his powers under Section 17 of that Act. But neither this decree nor any the District Judge may make is to affect the Collector's powers under that section when he chooses to exercise them. Respondent to pay the costs of this appeal.