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1981 Supreme(Bom) 159

SHARAD MANOHAR
State of Maharashtra – Appellant
Versus
Narayan Laxman Thatte & others – Respondent


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




























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