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1976 Supreme(SC) 149

A.C.GUPTA, P.N.BHAGWATI, S.MURTAZA FAZAL ALI
State Of Maharashtra – Appellant
Versus
Narayan Vyankatesh Despande – Respondent


Advocates:
D.GOVERDHAN CHARY, M.A.PHADKE, M.N.SHROFF, S.P.NAIR, V.S.DESAI

JUDGMENT

BHAGWATI, J.:—This appeal by special leave raises a short question as to whether the Watan held by the respondent at the date of coming into force of the Bombay Pargana and 1205 Kulkarni Watans (Abolition) Act, 1950 was a watan of the soil, or a Watan of land revenue only in respect of certain lands situate in village Shirambe, Taluka Koregaon, District North Satara. If the Watan was in respect of the soil, the respondent would not be entitled to any compensation for the resumption of the Watan lands, but if it was a Watan of land revenue only, the respondent would have a claim for compensation for "a sum equal to ten times the amount of such land revenue" under Section 6 (2) of the Act. The respondent claimed that the Watan was of land revenue only and not of the soil and he was therefore, entitled to compensation as provided in Section 6 (2) of the Act and filed a suit for recovery of Rs.15.074-4-0 by way of compensation against the State of Maharashtra in the Court of Civil Judge, Senior Division, Satara. The claim was decreed by the learned Civil Judge, Senior Division and on appeal by the State of Maharashtra the High Court affirmed the view taken by the learned Civil






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