Court : Supreme Court of India
Reported in : AIR1973SC2415; (1973)2SCC506; [1974]1SCR299; 1973(5)LC771(SC)
..... respondents filed two applications before the additional collector, nasik, under section 7 of the bombay bhil naik inam abolition act, 1955, (hereinafter called the act) for compensation. ..... question for consideration in these appeals in whether the high court was right in holding that the respondents, who were inamdars, were entitled to compensation on the abolition of the bhil naik inams under the provisions of section 7(1) of the act.3. ..... of 1953 decided by the bombay high court and referred to in the judgment under appeal, the question related to bhil naik inam. ..... section 2 of the act defines 'bhil naik inam'; bhil naik inam' means the grant of a village or land for service useful to government on political considerations in accordance with the terms and conditions specified in government resolution in the revenue department ..... the object of the act was to abolish the bhil naik inams held for service useful to government on political ..... section 4 states that all bhil naik inams shall be deemed to have been abolished and that any liability to render service and all other incidents appertaining to such inams are extinguished and that all inam villages and inam lands are resumed and shall be deemed to be subject to the payment of ..... two appeals, by certificate, are directed against the common judgment of the high court quashing the orders passed by the maharashtra revenue tribunal.2. ..... respondents filed two appeals against the awards, but they were confirmed by the maharashtra revenue tribunal. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1754; 2003(2)ALLMR(SC)1126; 2003(1)CTC621; JT2003(2)SC226; (2003)2MLJ118(SC); 2003(2)SCALE352; (2003)3SCC552; [2003]2SCR203
..... the aforesaid two judges and three judges bench decisions of this court, it has been held that erstwhile inam or watan lands held by the senior most member of the family through lineal descendant on the rule of primogeniture, on abolition of inamdari or watandari under the provisions of bombay pargana and kulkarni watans abolition act (60 of 1950) and thereafter by the bombay inferior village watans abolition act, 1958, after re-grant of those categories of land to the watandar or inamdar, become partible properties ..... the evidence of pedigree relied by the first appellate court and the high court is relevant and admissible to prove relationship under section 30 (5) and section 50 of the evidence act.learned counsel appearing for the appellants then urged that the courts below ought to have dismissed the suit for partition on the ground that it was barred by limitation as the predecessors-in- ..... predecessors-in-title of the defendants pursuant to the order of regency court on 30th march, 1945 as watandar cannot be held to be adverse to the other members of the family after the abolition of inams and watans and regrant of those lands to the watandar. ..... kolhapur in the state of maharashtra. ..... of law in the decision of three judges bench in the case of annasaheb bapusaheb patil (supra) :-"the lineal primogeniture regulating succession to the estate cannot prevail under section 4 of 1955 act, as being nothing more than incidents of the watan which stand abrogated by section 4 of that act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC112; JT1995(7)SC179; 1995(5)SCALE87; (1995)5SCC612; [1995]Supp3SCR172
..... on the abolition of the `inams' under the provisions of the bombay merged territories miscellaneous alienations abolition act, 1955, abubakar was regarded as a watandar on re- ..... was dismissed and the cross-objections on the contrary were allowed with the result that the entire suit stood decreed, rejecting the claim of abubakar of the inam lands being personal to him and the house being in his adverse possession, maturing in his ownerships.we have heard mr. ..... there he has pleaded a duration of his having remained in exclusive possession of the house, but nowhere has he pleaded a single overt act on the basis of which it could be inferred or ascertained that from a particular point of time his possession became hostile and notorious to the complete exclusion of other heirs, and his being in ..... abubakar resisted the suit by laying claim that the landed properties which were erstwhile 'inams' became on re-grant 'personal' in his hands and therefore the other heirs of syed abdulla had ..... the prime reason for such interpretation is that the ruler while drawing up the inam initially and conferring it again on abubakar did not intend to create any distinction between his subjects, be ..... counsel for the appellant-abubakar, at great length and pointedly with regard to the nature of re-grant after the abolition of the inam. ..... the trial court partly decreed the suit against him insofar as the inam lands were concerned but dismissed the suit insofar as the house was concerned; and the lower appellate .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)
..... in entry 36 of list ii of the seventh schedule to the constitution must be construed as importing by necessary implication the two conditions of public purpose and payment of adequate compensation, and consequently, the mysore (personal and miscellaneous) inams abolition act, 1955, which provided for acquisition of the rights of the inamdars in inam estates in mysore state without payment of just and adequate compensation was beyond the legislative competence of the state ..... arose for determination in this case was whether the bombay taluqdari tenure abolition act, 1949 was a valid piece of ..... publication, was quashed by a high court, under article 226 of the constitution, despite the presidential order under article 359 of the constitution, on the ground that there was no condition at all in the bombay conditions of detention order, 1951, authorising the government of maharashtra to prohibit the publication of a book of purely scientific interest just because the petitioner happened to be detained under the defence of india rules, 1962 ..... high court also considered the interpretation and validity of section 16a, sub-section (9) of the maintenance of internal security act, 1971 and while the rajasthan high court accepted the interpretation of that sub-section canvassed on behalf of the government and upheld its validity even on that interpretation, the nagpur bench of the bombay high court held the sub-section to be valid by reading it down so as not to exclude the power .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC895; JT1995(1)SC370; 1995(1)SCALE100; (1995)2SCC543; [1995]1SCR88; 1995(1)LC488(SC)
..... the effect of the bombay merged territories miscellaneous alienations abolition act 1955, the pre-existing rule of primogeniture, the consequences of the abolition under that act and the resultant effect ..... it was pleaded that mutation was effected on august 16, 1955 and from that date the defendants, it was averred, were in exclusive possession and enjoyment and that after the abolition of the watan under merged territories miscellaneous alienations abolition act, 1955 after regrant, it was their exclusive property and that, ..... deshgat estate was an impartible estate and its succession was governed by the rule of lineal primogeniture consequent to the abolition of the watan under the act 22 of 1955. ..... it is contended by sri lalit, the learned senior counsel who led the arguments in the batch of appeals of the watandars that after the abolition of the patel watan and regrant made in 1965 in favour of balwant, in consequence of the abolition of the watan, and the burden of service attached to the office, the pre-existing rights and liabilities appertained to the land stood abolished; the regrant and the ..... revenue code and held that the inam lands together with the properties acquired from the income of the inam were ancestral joint family property, though impartible estate which devolved by survivorship by the rule of lineal primogeniture and after the inam lands were abolished, the property ..... the maharashtra revenue patels (abolition of office) act, 1962 (for short 'the act') came .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3290; 2003(6)ALD72(SC); 2003(6)ALT40(SC); JT2004(6)SC425; 2003(7)SCALE352; (2003)8SCC134
..... the matter in revision to the commissioner, survey, settlements and land records (for short 'the commissioner') under section 14-a of the andhra pradesh (andhra area) inams (abolition and conversion into ryotwari) act, 1956 (for short 'the inams abolition act') and the commissioner, while allowing the revision, remitted the matter to the tahsildar for fresh enquiry on the ground that while granting patta in favour of the ..... in question were in possession of the inamdars, on the crucial dates (as envisaged by section 4 of the inams abolition act) and that the inamdars had been in possession of the lands since 7-6-1933, dismissed the revision petition. ..... the review petitions by the supreme court the tallapaka people (inamdars) filed an application before the inams deputy tahsildar for grant of patta under section 7(1) of the inams abolition act and the same was granted by the deputy tahsildar by an order dated 9-8-1995.10. ..... is necessary to set out section 14 of the andhra pradesh (andhara area) inams (abolition and conversion into ryotwari) act, 1955 (hereinafter called the said act) which reads as follows:'bar of jurisdiction of civil courts:-no suit or other proceedings shall be instituted in any civil court to set aside or modify any decision of the tehsildar, the revenue court, or the collector under this act, except where such decision is obtained by misrepresentation, fraud or collusion of parties.'mr. ..... state of maharashtra reported in 0044/1966 : ..... state of bombay reported in : .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1910; (1976)2SCC236; [1976]3SCR493; 1976(8)LC373(SC)
..... this plea i3 founded on the provisions of the bombay merged territories miscellaneous alienations abolition act, xxii of 1955, (hereinafter called the alienations abolition act). ..... as observed by us, the relationship of landlord and tenant between the appellant and respondents did not come to an end on the introduction of she alienations abolition act nor indeed is there any relationship a new relationship of landlord and tenant came into existence between the parties so as to attract the application of section 32-0. ..... section 32g(6) provides that if any land is re-granted to the holder under the provisions of any of the land tenures abolition acts referred to in schedule iii of the tenancy act on condition that it was not transferable, such condition shall not be deemed to effect the right of any person holding the land on lease created before the re grant and such person shall, as a tenant, be deemed to have ..... the merit of these contentions depends upon the validity of the basic premise that with the abolition of inams which the alienations abolition act brought about, the relationship of landlord and tenant between the appellant and the respondents came to an end. ..... that decision was confirmed in appeal by the special deputy collector, kolhapur, and in revision by the maharashtra revenue tribunal. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC915; (1977)2SCC548; [1977]2SCR790
..... holders in the state of maharashtra against the judgment of the bombay high court upholding the constitutional validity of the maharashtra agricultural lands (ceiling of holdings) act, 1961 (hereinafter referred to as the principal act) as amended by the maharashtra agricultural lands (lowering of ceiling of holdings) (amendment) act, 1972 (hereinafter referred to as the maharashtra act 21 of 1975), the maharashtra agricultural lands (lowering of ceiling of holdings) (amendment) act, 1975 (hereinafter referred to as maharashtra act 47 of 1975) and the maharashtra agricultural lands (ceiling of holdings) (amendment) act, 1975 (hereinafter referred to as maharashtra act 2 of 1976). ..... reform in its widest sense-agrarian reform which would be directed against gross inequalities in land-ownership, disincentives to production and desperate backwardness of rural life and which would cover not only abolition of intermediary tenures, zamindaris and the like but restructuring of village life itself taking in its broad embrace the entire rural population-should be saved from invalidation. ..... section 3 which amended the ninth schedule carried the following explanation:explanation-any acquisition made under the rajasthan tenancy act, 1955 (rajasthan act iii of 1955), in contravention of the second proviso to clause (1) of article 31a shall, to the extent of the contravention, be void.this explanation, contended the appellants, explained the scope and effect of the inclusion of an enactment in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2582; (1972)2SCC895; [1973]2SCR103
..... the high court where the inam was abolished with effect from july 20, 1955 under the abolition act the relationship of landlord and tenant continued to subsist till july 1, 1960, and the provisions of the act, therefore, continued to apply ..... special leave and is directed against the judgment of a learned single judge of the bombay high court, disallowing the appellant's application under article 227 of the constitution challenging the order of the maharashtra revenue tribunal dated march 26, 1965 partly allowing the revision of jaidrath and vittal, tenants (respondents in this court) presented in the tribunal under sections 28(2) and 32(2) of the hyderabad tenancy and agricultural lands act, 21 of 1950 (hereinafter called the ..... to set aside the order of the high court and send the case back to it for a re-decision after considering the distinction pointed out by the full bench of the bombay high court in dattatraya sadashiv (supra) and in the light of this court's decision in laxman ambaji (supra). ..... under section 91 of the act was taken by the tenants to the maharashtra revenue tribunal, aurangabad which was ..... our attention was invited to the following observation of the bombay high court in dattatraya sadashiv (supra) : in regard to the second question, sub-section (1) of 44 of the tenancy act provides that a landholder may after giving notice to the tenant and making an application for possession as provided in sub-section (2) terminate the tenancy of any land, if the landholder .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1981)2SCC362; [1981]2SCR1
..... . article 31a was further amended with retrospective effect by the constitution (fourth amendment) act 1955, the object of which was explained as follows in the statement of objects and reasons of that amendment :it will be recalled that the zamindari abolition laws which came first in our programme of social welfare legislation were attacked by the interests affected mainly with reference to article 14, 19 and 31, and that in order to put an end to ..... . these then are our reasons for the order which we passed on may 9, 1980 to the following effect :'(1) the constitution (first amendment) act, 1951 which introduced article 31a into the constitution with retrospective effect, and section 3 of the constitution (fourth amendment) act, 1955 which substituted a new clause (1), sub-clause (a) to (e), for the original clause (1) with retrospective effect, do not damage any of the basic or essential features ..... on an overall consideration of the movement of agrarian reforms, with particular reference to the relevant statistics in regard to maharashtra, the high court rejected that challenge too on the ground that those provisions formed a part of an integral scheme of agrarian reforms under which large agricultural holdings had to be ..... the appeals filed against the decision of the bombay high court were dismissed by this court by a judgment dated january 27, ..... the validity of these acts was challenged in the bombay high court in a ..... . the bombay tenancy and agricultural lands act, 1948 appears .....
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