Court : Mumbai
Reported in : (1957)59BOMLR1078
..... in the first place, an appeal or a revisional application is not permitted under the bombay prevention of fragmentation and consolidation of holdings act, 1947, except as provided in the act, which means, for brevity's sake, the fragmentation act, 1947. ..... therefore, although ordinarily the mamlatdar would have power to deal with a proceeding under the tenancy act of 1948, the mamlatdar would have no power to deal with a proceeding under the tenancy act when a notification has been issued under the bombay prevention of fragmentation and consolidation of holdings act, 1947. ..... in order to understand the contention, it is necessary to refer to two sections of the bombay prevention of fragmentation and consolidation of holdings act, 1947. ..... this was in consonance with the provisions of section 26(1), in order to decide the question whether an appeal lay from the order made by the officer on august 23, 1955, one has to consider the provisions contained in section 36 of the bombay prevention of fragmentation and consolidation of holdings act, which provides:except as provided in this act, no appeal or revision application shall lie from any order passed under chapter ii, iii or iv of this act.it is to be noted that emphasis has to be placed upon the words 'of this act' occurring in section 36. mr. .....
Tag this Judgment!Court : Mumbai
Reported in : (1971)73BOMLR313; 1971MhLJ1017
..... jahagirdar on the word 'lease' to urge that the provisions of section 29a(2) of the bombay prevention of fragmentation and consolidation of holdings act, 1947 (hereinafter referred to as the fragmentation act), would apply only if there was a subsisting lease at the time the order was required to be passed under section 29(2) of the said act.10. mr. ..... on being pointed out the provisions of section 29a (2) of the bombay prevention of fragmentation and consolidation of holdings act, 1947, which provided for the attachment of the burden to the land substituted in the consolidation proceedings, the argument advanced by mr. ..... this was done after the sanction of the collector was obtained as required by the bombay prevention of fragmentation and consolidation of holdings act, 1947. ..... if such a thing can be done, then section 39 of the fragmentation act would definitely discriminate between tenants whose rights were recognised by the tenancy act but whose rights ceased to be in operation by reason of the consolidation of holding under the fragmentation act. ..... i am, therefore, of opinion that the provisions of section 29a(2) of the fragmentation act would also apply to the exchanged land under a lease under which a tenant had held the property and whose possession was disturbed by an order of the authority acting under the provisions of section 31 read with section 29 of the bombay tenancy act, and who was given a further right upon certain contingencies taking place. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1976Bom10; 1975MhLJ566
..... in the year 1966 under the provisions of the bombay prevention of fragmentation and consolidation of holdings act 1947, consolidation of agricultural holdings took place at the said village and old ..... provisions, it appears to us that once a holding is allotted to an agriculturist after following the provisions of the bombay prevention of fragmentation and consolidation of holdings act, 1947, then that holding cannot be transferred except in accordance with such conditions as may be prescribed in the act. ..... a transfer of land was void under section 9 /91) of the bombay prevention of fragmentation and consolidation of holdings act, 1947, hereinafter would be referred to as the act. ..... anything contained in any law for the time being in force, no holding allotted under this act, nor any part, thereof, shall be--- (a) transferred whether by way of sale (including sale in execution of a decree of a civil court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue) or by way of gift, exchange, or lease, or otherwise, except in accordance with such conditions as may be prescribed:-- rule 27 of the bombay prevention of fragmentation and consolidation of holdings rules, 1959 runs as under ..... , urged that after quashing these orders, permission as required under rule 27 of the bombay prevention of fragmentation and consolidation of holdings rules, 1959, should be granted to the petitioner to execute valid title deeds in favour of the intending purchasers.5. .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR348
..... in dispute that the petitioners partitioned these lands at a time when a notice under section 15 of the bombay prevention of fragmentation and consolidation of holdings act, 1947 (hereinafter referred to as the said act) had already been served by the officer appointed under the act. ..... bhatt was that even assuming that such a partition is 'transfer' within the meaning of section 5 of the transfer of property act, it is not so, so far as section 27(6) of the bombay prevention of fragmentation and consolidation of holdings act, 1947, is concerned. ..... indeed; the act falls into two separate parts, dealing with (i) prevention of fragmentation of land and (ii) providing for a scheme of consolidation. ..... since the legislature was aware that there would be lands held jointly by members of a joint family and in the course of time they might be partitioned amongst them, it had, consistently with the object of the act, to provide' in section 8 a ban, both against the transfer in general and against partition in particular, of which the consequence would be the creation of a fragment. ..... the prant officer, surat, found that this partition had taken place during the continuance of the scheme of consolidation and was, therefore, contrary to the provisions of section 27(6) and section 9 of the said act. .....
Tag this Judgment!Court : Mumbai
Reported in : (1957)59BOMLR1026
..... the petitioner filed an application in the court of the learned civil judge, senior division, ahmednagar, contending that the bombay prevention of fragmentation and consolidation of holdings act, 1947, had been made applicable to the village of rajuri where the lands under attachment were situate, that the consolidation officer had started certain proceedings under the said act, that those proceedings were still pending and that, therefore, under section 27 of that act the execution proceedings could not be commenced or in any event such proceedings if commenced were liable to be stayed. ..... the object of the act is to consolidate small holdings into standard areas and for that purpose a consolidation officer appointed under the act has been given considerable powers to frame a scheme involving not only consolidation of holdings but also redistribution thereof under the circumstances provided therein. ..... , therefore, is that under section 27 no proceedings under section 153 or 155 of the bombay land revenue code, 1879, or proceedings for execution of any award made under the bombay co-operative societies act, 1925, or for execution of any award made under the bombay agricultural debtors relief act, 1947, or for execution of any decree passed by a civil court, which proceedings are in respect of any land in respect of which a notification has been issued under section 15 of this act, can be commenced, and if so commenced, are liable to be stayed. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(2)BomCR20; 2009(111)BomLR728
..... the reason for withdrawal of the suits was that the rights were materially changed due to implementation of the bombay prevention of fragmentation and consolidation of holdings act, 1947. ..... the certificate of transfer is issued under section 24 of the bombay prevention of fragmentation and consolidation of holdings act, 1947 in favour of the plaintiff. ..... the scheme is settled as per section 21 of the bombay prevention of fragmentation and consolidation of holdings act, 1947. ..... certificate of transfer :(1) the consolidation officer shall grant to every owner to whom a holding has been allotted in pursuance of a scheme of consolidation and to every person to whom a right is allotted under (subsection (6) of section 21 a certificate in the prescribed form duly registered under the indian registration act, 1908, to the effect that the holding has been transferred to him in pursuance of the scheme.the consolidation officer may, therefore, cause to be prepared a new record of rights in respect of the holdings so transferred and the record of rights so prepared shall be deemed to have been prepared in the hyderabad area of the state under hyderabad .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom365; (1978)80BOMLR190; 1978MhLJ18
..... again, the assumption made by the revenue tribunal that there would be conflict with the bombay prevention of fragmentation and consolidation of holdings act, 1947, is inconsistent with the provisions of section 33b (5) (b), under which possession is to be given notwithstanding anything contained in section 31 of the bombay prevention of fragmentation and consolidation of holdings act, 1947, and notwithstanding any fragment being made with the tenant. ..... but another factor to be considered in this connection is, whether the order of particular area of the suit land in favour of the landlord, would conflict with the bombay prevention of fragmentation and consolidation of holdings act, 1947. ..... the said order was challenged in a revision application before the maharashtra revenue tribunal, by the 12 tenants, respondents 1 to 12; and ignoring the limitations on its powers under section 76 of the bombay tenancy and agricultural lands act, 1948, having regard to the findings of facts recorded by the two lower authorities, the learned revenue tribunal remanded the matter observing as follows:--'in this case, it is clear that, the landlord would be a small holder, but he cannot be said to earn his livelihood principally by agriculture or agricultural labour. ..... the petitioner applied under section 29 (2) of the bombay tenancy and agricultural lands act, 1948, for recovering possession of r. s. no. .....
Tag this Judgment!Court : Mumbai
Reported in : (1980)82BOMLR447
..... 2 dated march 18, 1973 confirming the scheme for consolidation of lands for the village wadshingi in jalgaon jamod taluka of buldana district under section 20(1) of the bombay prevention of fragmentation and consolidation of holdings act, 1947 (hereinafter referred to as the consolidation act).2. ..... i under rule 14 of the bombay prevention of fragmentation and consolidation of holdings rules, 1959, inviting objections within a period of 30 days. ..... the consideration that governs the consolidation officer under section 19 of the consolidation act and the settlement commissioner under section 20(1) of that act, is not the acceptance or rejection of the objections taken, but the determination of the question whether it is necessary to amend the draft-scheme in view of the objections taken, so far as the consolidation officer is concerned under section 19(2) of the consolidation act, and whether to approve and confirm or not the proposed draft-scheme so far as the settlement commissioner acting under section 20(1) of the consolidation act, is concerned. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom93; (1968)70BOMLR442; 1968MhLJ883
..... another ground on which the sale was challenged before the commissioner was that it was held in contravention of section 31 of the bombay prevention of fragmentation and consolidation of holdings act, 1947. mr. ..... since a transfer has not been completed in the present case, the auction sale cannot be said to have contravened section 31(a) of the bombay prevention of fragmentation and consolidation of holdings act, 1947. ..... rule 27(i) of the bombay prevention of fragmentation and consolidation of holdings rules, 1959, lays down that no consolidated holding shall be transferred as provided by clause (a) of s. ..... nargolkar was that the rights acquired and obligations incurred by a successful bidder in an auction sale held under section 165 of the bombay land revenue code are statutory and not contractual, and that a minor is not precluded from acquiring the statutory rights and incurring the statutory obligations. ..... certain rights and obligations have been attached by the bombay land revenue code to the contract which emerges when a bid is accepted at an auction sale. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC486; (1991)93BOMLR747; 1991Supp(2)SCC590
..... under the bombay prevention of fragmentation and consolidation of holdings act, 1947 ('the fragmentation act') the scheme for consolidating was taken up in the village in the year 1951 and it was completed in 1958.2 ..... having considered the arguments of counsel in the light of the material on record, it seems to us that the landlord having taken recourse to invalidate the leases on the ground that they were contrary to the fragmentation act could not be allowed to turn round and say that the leases were not invalid and consequently the notice of the tenant under section was not ..... ordinarily, the lease of a land allotted under the consolidation scheme would be contrary to the provisions of section 31 of the fragmentation act and would be bad in law ..... the matter arises under the bombay tenancy and agricultural lands act, 1948 with regard to entitlement of the appellant-tenant to purchase lands under his ..... the execution of the leases, the landlord moved the assistant commissioner, jalgaon to declare the leases as void being contrary to provisions of the fragmentation act. ..... the appellant gave a notice dated 7th june 1968 under section 32-o of the bombay tenancy act expressing his intention to purchase the lands under his occupancy ..... the tribunal has observed that the provisions of section 31-aa would not be applicable to the case because the applicability of fragmentation act was withdrawn in respect of all lands in pimparale village under the government notification dated 29 october .....
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