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 More, Rama Balaji More and Jagannath Balaji More, filed an application on 14.06.1958 under Section 5 of the 1874 Act. As per this provision, a Watandar was not competent to mortgage, charge, alienate or lease, for a period beyond the term of his natural life, any Watan or any part thereof or any interest therein to or for the benefit of any person who was not a Watandar of the same Watan, without the sanction of the State Government or the Commissioner, as the case may be. By order dated 18.04.1961, the Assistant Collector, I/C, Haveli Taluka, Poona, held that the tenancy created by the father of the applicants could not extend beyond his lifetime and the applicants would, therefore, have the right to recover possession of the said lands after the death of their father. He, accordingly, allowed their application and ordered that possession of the lands falling to their share should be handed over to them under Sections 11 and 11A of the 1874 Act.

4. Aggrieved thereby, the tenants, viz. Babaji Hari Shelar and the legal heirs of late Ganapati Dhondiba Tapkir, namely, Laxman Ganapati Tapkir, Rama Ganapati Tapkir, Damu Ganapati Tapkir and Babu Ganapati Tapkir, filed Watan Appeal No. 6 of 1961 before the Additional Collector, Poona, under Section 77 of the 1874 Act. However, the said appeal was dismissed, vide order dated 27.03.1962.

5. Thereupon, the tenants carried the matter to the Additional Commissioner, Poona Division, Poona, on 14.04.1962. Order dated 12.06.1962 was passed by the Additional Commissioner, treating the proceeding as an appeal instituted against the order dated 27.03.1962 passed in Watan Appeal No. 6 of 1961. Thereby, the Additional Commissioner rejected the appeal. The appellants would argue that this proceeding cannot be treated as an appeal, inasmuch as the statutory scheme allowed only one appeal under Section 77 of the 1874 Act, and they would contend that this proceeding should be construed to be a revision filed under Section 79 thereof, with necessary consequences. This aspect will be dealt with hereinafter.

6. In any event, during the pendency of this proceeding, the possession of the lands in question was handed over on 22.04.1962 to the legal heirs of the deceased Watandar, in terms of the order dated 18.04.1961 passed by the Assistant Collector, I/C, Haveli Taluka, Poona.

7. At this stage, the Abolition Act was promulgated and it came into effect from 01.01.1963. As per Section 3 thereof, all Patel Watans stood abolished from the appointed date, i.e. 01.01.1963. In consequence, all incidents appertaining to the said Watans, including the right to hold office and Watan property, stood extinguished. Further, Section 3(c) provided that, subject to the provisions of Sections 5, 6 and 9, all Watan lands stood resumed and were subjec