C. T. RAVIKUMAR, SANJAY KUMAR
Baban Balaji More (Dead) by LRs. – Appellant
Versus
Babaji Hari Shelar (Dead) by LRs. – Respondent
JUDGMENT :
SANJAY KUMAR, J.
1. This appeal entails correlation of three vintage legislations, requiring not only their interpretation but also their harmonious construction. The oldest of the three statutes is the Maharashtra Hereditary Offices Act, 1874 (for brevity ‘the 1874 Act’). The next is the Maharashtra Tenancy and Agricultural Lands Act, 1948 (for brevity ‘the Tenancy Act’) and the third is the Maharashtra Revenue Patels (Abolition of Offices) Act, 1962 (for brevity ‘the Abolition Act’).
2. The 1874 Act was enacted to declare and amend the law relating to Watans, i.e. hereditary offices. Balaji Chimnaji More, the predecessor of the present appellants, held a Patel Watan since prior to August, 1898. He was assigned Watan property, viz. a 50% share in an extent of 20 acres of land in Survey No. 386 and a 50% share in an extent of 16 acres in Survey No. 410 of Village Chikhali. Babaji Hari Shelar and Ganapati Dhondiba Tapkir (or Tapkire), the predecessors of the respondents herein, were cultivating this Watan property as tenants since 1955-56 or thereabouts.
3. While so, Balaji Chimnaji More died sometime in February/March, 1958. Thereupon, his legal heirs, namely, Baban Balaji M
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