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1979 Supreme(Bom) 137

B.N.DESHMUKH, D.N.MEHTA
Vithal Kondhalkar – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - B.S. DESHMUKH, C. J.:---These petitions involve a common question of law relating to the real meaning and interpretation of sub-section (3) of section 5 of the Bombay Inferior Village Watans Abolition Act, 1958 (hereinafter referred to as the Abolition Act) and the right of the Collector under section 59 of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as the Code). While dealing with each case, we will narrate the detailed facts and circumstances relevant to that particular case. Suffice it to point out in a broad manner as to how this dispute reached this Court and what points are involved.

2. All the lands, which are involved in the above petitions were formerly inferior watans before the said watan was abolished by the Abolition Act of 1958. The broad scheme of the Abolition Act is that on the appointed day, notwithstanding anything in any usage, custom, settlement, grant agreement sanad, or in any decree or order of a Court or in the existing watan law, all the inferior village watans stood abolished, and all incidents, including the right to hold office and watan property, the right to levy customary fees or perquisites in money or in kind, and t





















































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