( 1 ) THIS appeal arises from the judgment and decree dated 13 August 1958 of the Civil Judge (Senior Division) at Broach in Civil Suit No. 4 of 1956 by which he has dismissed the plaintiffs suit. The plaintiff had claimed a declaration that the plaintiffs suit lands are of his absolute ownership and are not Taluqdari lands as defined by the Bombay Taluqdari Tenure Abolition Act 1949 hereinafter referred to as the Act and that he is liable only to pay as revenue a fixed sum of Rs. 9379-6-3 a permanent injunction restraining the defendant-State Government and their agents and servants from applying the provisions of sec. 5 (1) (a) and (b) and sec. 4 of the Act to the suit lands and further restraining them from levying assessment on the suit lands in accordance with the Bombay Land Revenue Code hereinafter referred to as the Code and the rules made thereunder and from entering the plaintiffs name in the record of rights as an occupant. The plaintiff had also claimed an injunction restraining the defendant from claiming any records in possession of the plaintiff with regard to his tenants acting on the assumption that the said Act was applicable to the suit lands. A decree was also asked for the recovery of the amount of Rs. 16082-8-0 recovered as excess amount by way of land revenue from the plaintiff than what he was liable to pay. Defendant No. 1 was the then State of Bombay and defendant No. 2 was the Collector of Broach. The plaintiff is the Thakor of Amod and as such he claimed to be the absolute owner of all the agricultural lands in about 15 villages in Amod Taluka in the Broach District as per Ex. 62 ad-measuring about 8876 Acres and 15 Gunthas and valued at Rs. 14 20 220 at the rate of Rs. 160/per acre. Most of these lands were in the possession and occupation of different persons who according to the plaintiff were his tenants and some of the lands were actually in the possession and occupation of the plaintiff himself. The plaintiffs case was that his ancestors once upon a time were the ruling chiefs of Amod and held the Gadi (throne) of Amod as independent rulers. He based his claim of ownership on certain previous treaties with the earlier sovereign. Before the British conquest of the territories of Broach in 1817 A. D. the plaintiffs ancestors paid to the Peshwas a tribute called the annual Jama which was fixed at Rs. 8506/as well as a trienial payment of Rs. 3000/as Peshkush. The plaintiffs ancestors paid tribute for the lands and held the said lands which were known as Wanta lands on payment of a fixed sum of Rs. 8379 on Udhad Jama Bandhi Tenure. The Wanta was a proprietary holding of the lands and according to the plaintiff had been recognised as such from ancient times. The said payment was alleged to have been made as a political tribute and not by way of land revenue and according to the plaintiff was only commuted and accepted as a permanently fixed amount in about 1876 A. D. by an agreement made with the British Government. The said payment of the tribute having been accepted by the paramount power of the sovereign rulers of India before the British rule and by the then Government of India the said agreement was alleged to be binding on the defendants. The plaintiff therefore claimed that he had a right to hold the said proprietary lands on payment of the permanently fixed sum of Rs. 9379-6-3 as Udhad Jama. The plaintiff also alleged that under the various Regulations and Act of 1817 1827 and 1863 there were limitations on the right of the Government to levy land revenue and the plaintiffs lands remained unaffected and this right enjoyed by prescription and from times immemorial could not be taken away by any law. After the Act came into force the defendant-State Government sought to levy land revenue on all the suit lands in plaintiffs possession under the Code by virtue of sec. 5 (1) (a) of the Act on the ground that the suit lands were Taluqdari lands and the plaintiffs name was sought to