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BOMBAY HIGH COURT
Daulatrao Malojirao – Appellant
Versus
Province of Bombay – Respondent
JUDGMENT
Leonard Stone, Kt., C.J.
On March 17, 1944, judgment was delivered in this appeal by my brother Divatia and myself, by which we held, that as the plaintiff's claim is advanced and rests upon a saranjam tenure, Section 4 of the Bombay Revenue Jurisdiction Act of 1876 is a bar to any relief being granted to the plaintiff against Government relating to the suit lands, in so far as they are classified to be granted or held as saranjam. At the same time, we pointed out, that the appeal raised a very important question so far as the general body of the saranjamdars is concerned and we intimated that Government might desire to have it judicially determined by making a reference u/s 12 of the Bombay Revenue Jurisdiction Act. Accordingly, before passing any order, we gave an opportunity for a reference to be made, and it is such reference which is now before this full bench. The facts sufficiently appear from the judgments delivered on March 17, 1944, and arising out of what was then said Government have referred to us the following questions:-
(1) Whether on February 25, 1936, being the date of the sub-divisional grant of the Gajendragad estate, the saranjam tenure in t
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