Court : Mumbai
Decided on : Jul-13-1917
Reported in : AIR1917Bom235; (1917)19BOMLR855; 42Ind.Cas.908
..... the plaintiff is not entitled to the injunction in general terms which he seeks and after the judgment in this suit, it is hardly conceivable that the talukdari settlement officer will proceed otherwise than in due course of law. therefore, a modified injunction which the plaintiff might strictly be entitled to according to this judgment relating ..... whether the plaintiff can in any view of the facts be held to have had adverse possession for more than twelve years; and thirdly, whether the talukdari settlement officer is entitled to evict the plaintiff under the provisions of section 33 of the gujarat talukdars' act, when read with section 202 of the bombay land ..... filed the present suit praying for a declaration that he was entitled to retain possession of the land in suit as against the talukdar and the talukdari settlement officer and for a permanent injunction restraining: them from disturbing his possession. he contended that it was not necessary under section 29b to notify his claim .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-10-1917
Reported in : AIR1917Bom38; (1918)20BOMLR141
..... been khots of these villages since the times of the peshwas. their position as khots was recognised when the british government acquired this territory. prior to the first settlement they used to pass kabulayata, and after 1870 they have passed annual kabulayats to the government, of which exhs. 47 and 72 are types. though their position ..... of the conditions on which the plaintiffs have the khoti management of the village. the terms of the later scries of kabulayats were arrived at after the survey settlement of 1865-g6 and we are told have not since been materially varied. for practical urposes the khots cannot exorcise the management of the village unless they ..... defendant, having previously unsuccessfully brought suits against some of the khatedars.2. the two villages of girne and nanavali are khoti villages. in 1865-66 a survey settlement was introduced into these villages and under the provisions of sections 37 and 38 of bombay act i of 1865 the position of the tenants was secured. a .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-05-1917
Reported in : AIR1917Bom62; (1918)20BOMLR185
..... damages, and surajmal acting for holkar had settled for rs. 9,000 even without holkar's knowledge in the first instance, provided that holkar approved of the settlement on those terms, i cannot see that surajmal would have done anything unprofessional, or anything which could possibly have boon included logically in the attack which horniman ..... surajmal, who, on the alternative case, knew perfectly well what the real transaction was, boon bhagwandas's attorney. how bhagwandas got the witnesses to prove cash payment is not easy to understand unless surajmal had procured them. shambhuprasad would have been in a very different position. even if the suit broke down utterly, surajmal ..... personal ignorance of the transaction. it would have been extremely awkward for shambhuprasad,' had he been plaintiff, and gone into the box to swear to the payment of cash, and then the whole story had turned out to be a deliberately false concoction. even then the question, every one acquainted with the facts .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-05-1917
Reported in : 47Ind.Cas.449
..... damages and surajmal acting for holkar had settled for rs 9.000 even without holkar's knowledge in the first instance, provided that holkar approved of the settlement on those terms, i cannot see that surajmal would have done anything unprofessional, or anything which could possibly have been included logically in the attack which horniman ..... surajmal, who, on the alternative case, knew perfectly well what the real transaction was, been bhugwahdas's attorney. how bhugwandas got the witnesses to prove cash payment is not easy to understand unless surajmal had procured them. shambhuprasad would have been in a very different position. even if the suit broke down utterly, surajmal ..... own personal ignorance of the transaction. it would have been extremely awkward for shambhuprasad, had he been plaintiff, and gone into the box to swear to the payment of cash, and then the whole story had turned out to be a deliberately false concoction. even then the question, every one acquainted with the facts .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-24-1917
Reported in : (1917)19BOMLR462
..... been customary, in fixing the revenue or jumma payable for the zemindari, to leave tannahdari and chowkidari chakeran lands out of account.4. passing to the settlement of 1793, it appears to their lordships to be beyond controversy that whatever doubts be enter- tained as to whether before the english occupation the zemindars had ..... situate. two points only were argued before their lordships. it was contended, first, that the proprietor with whom a zemindari was settled under the bengal permanent settlement, did not obtain or retain in the chowkidari chakeran lands situate within the territorial boundaries of a village comprised in his zemindari any interest capable of being ..... the nature of chowkidari chakeran lands, (2) the provisions of the bengal permanent settlement and (3) the true meaning and effect of the act.3. at the time of the english occupation a zemindar was responsible not only for the payment of the revenue, but for the preservation of peace and order within his district. .....
Tag this Judgment!Court : Mumbai
Decided on : May-03-1917
Reported in : (1917)19BOMLR751
..... zemindar himself. all these zemindari rights would moreover arise under and be dependent upon engagements with the government embodied in the sanads granted at the permanent settlement and payment for them would be included in the jummas.22. assuming, on the other hand, that the river vamsadhara does not belong to the government, the ..... the head sluices and the initial portions of the channels, as of all other persons entitled to water from the system supplied, were confined to the mamuls at the date of the permanent settlement and that the government could therefore charge water cess in respect of water used in excess of the then rnamul, ..... is essential for improvements in agriculture. these facts coupled with the actual grant to the zemindars of the channels, branch channels and works, constituting an extensive system of irrigation which must have been created for the benefit of the lands comprising the several zemindari estates, manifests, in their lordships' opinion, an intention that .....
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