The rights of Inamdars over mines and minerals in Inam lands remained unaffected by the abolition of the Inam under the Bombay Personal Inam Abolition Act, 1952.

JUDGMENT - SHARAD MANOHAR, J.:---An interesting question arises in this appeal relating to the interpretation of section 9 of the Bombay Personal Inams Abolition Act, 1952 and its effect upon the facts of this case. However, in the ultimate analysis it is found that having regard to the particular document of title of the plaintiff in the instant case it has got to be held that decree passed by the Lower Court is correct and valid.

2. The facts of the case are very simple. The suit lands were originally Inam lands. Admittedly in a portion of the said land there is a stone quarry. The plaintiffs and their predecessors, who belonged to Inamdar family, admittedly used to sell the right to quarry the stones from the land. The Inam was abolished by virtue of the Bombay Personal Inam Abolition Act 1952, which came into force with effect from 1-8-1955. The Inam stood extinguished and the suit land vested in the Government. The Government even went to the extent of assigning the suit land to the Group Gram Panchayat of the village and on 29-10-57 even the possession of the lands including the suit land having quarry was given to the Group Gram Panchayat. It appears that the plaintiffs who are admittedly the last Inamdars moved various authorities for the purpose of establishing their right over the stone quarry in the suit land contending that it was a mine and that the stones gigged out from the mine were minerals products within the meaning of section 9 of the said Inam Abolition Act. Their contention was that the plaintiffs' right over the mines and minerals from the suit land had remained unaffected by virtue of section 9 of the Act, the extinguishment of this Inam notwithstanding. When the plaintiffs moved the Collector in this behalf, it appears, that an enquiry was ordered to be made by the Circle Officer. The Circle Officer made a report dated 22-6 -1960 which forms part of the papers called from the Court. In the said report the Circle Officer had stated that the ownership of the stone mine in Survey No. 99 which is the suit land are vested in Inamdar Thatte. It was further stated that the Inamdar himself gave permission to other to extract stones from the mine. It was further stated that after the abolition of the Inam the suit land Survey No. 99 vested in the Government and on that account Survey No. 99 was given into the possession of the group Gram Panchayat of Panwale. It was further stated that at present the Gram Panchayat is looking after the management of the mine. Although the plaintiffs were not furnished with the copy of the said report, the said report forms part of the record in these proceedings and the correctness of the report is not disputed before me.

As a matter of fact they had started proceedings before the Collector under the Inam Abolition Act, for payment of compensation to the Inamdar. The Inamdar was paid compensation so far as the land was concerned. But so far as the stone mine was concerned the Dy. Collector who gave the award dated 31st January, 1961, in that behalf observed in his award as follows :---

"As the subsidising mineral rights are saved, there is no question of granting compensation for the right granted under any contract, grant or law for the time being in force."

The matter did not rest there. There was an appeal against the said order and the Appellate Authority remanded the case to the Deputy Collector and the Deputy Collector was required to give award for the second time. Even in the second award the Deputy Collector observed as follows :---

"The applicant has stated that his father had received Rs. 125/- as income from the stone quarry, But as the subsisting mineral rights are saved, the question of granting any compensation does not arise."

It may be thus seen that the Government itself took the stand :---

(a) that the land in question was stone mine;

(b) that the Inamdar's right pertaining to the stone made remained unaffected under the Inam Abolition Act;

(c) that the Inamdar wa

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