MAMLATDARS COURTS ACT, 1906
(1) This Act may be called the Mamlatdars Courts Act, 1906.
1[2] It shall extend to the whole of the2[State of Gujarat].
Commencement in rest of State.
(3) In that part of the3[State of Bombay] to which it is extended by the Mamlatdars' Courts (Extension) Act, 1957[Bom. iv of 1958], it shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.]
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1. These sub-sections were substituted for the Original sub-section (2) by Bom. 4 of 1908 section 3(1).
2. These words were substituted for the words State of Bombay, except the City of Bombay, by the Gujarat Adaptation of Laws (State and Con
The Mamlatdars' Courts Act, 1876, is hereby repealed.
In this Act, unless there is anything repugnant in the subject or context.
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(a) the word "Mamlatdar" shall include any Revenue-officer exercising for the time being the powers 2 [ of a Mamlatdar, 3 [ or of a Mahalkari] and any other person who may be specially authorised by the 4 [5 [ State ] Government ] to exercise the powers of a Mamlatdar under this Act; and
(b) the words "plaintiff" and "defendant" shall include.
(i) a pleader duly appointed to act on behalf of such plaintiff or defendant, and
(ii) the recognised agent of a plaintiff or defendant as defined in section 37 of the 6 Code of Civil Procedure.
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(1) The 1 [2 [ State] Government] may, by notification in the 3 [ Official Gazette] appoint in any taluka a Joint Mamlatdar under this Act who shall be invested with coextensive powers and a concurrent jurisdiction with the Mamlatdar, except that he shall dispose of such suits only as he may receive from the Mamlatdar.
Power of mamlatdar to trans or suits to the Joint mamlatdar
(2) The Mamlatdar is hereby empowered to transfer to the Joint Mamlatdar for disposal any suit under this Act the plaint in which has been presented to the Mamlatdar under section 7, and to re-transfer to his own file any such suits, of which the Joint Mamlatdar is, owing to death, sickness or any other cause unable to dispose.
Delegation of powers to Commissioner 4 [* * *]
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(1) Every Mamlatdar shall preside over a Court, which shall be called a Mamlatdar's Court, and which shall, subject to the provisions of sections 6 and 26, have power, within such territorial limits as may from time to time be 1 [fixed by the State Government,--
(a) to remove or cause to be removed any impediment, erected otherwise than under due authority of law, to the natural flow in a defined channel or otherwise of any surface water naturally rising in or falling on any land used for agriculture, grazing, trees or crops, on to any adjacent land, where such impediment causes or is likely to cause damage to the land used for such purpose or to any such grazing, trees or crops thereon;]
(b) to give immediate possession of any lands or premises used for agriculture or grazing, or trees, or crops, or fisheries, or to restore the use of
The Mamlatdars Courts Act, 1906, was enacted to provide a mechanism for resolving disputes related to agricultural land and related rights in India. Section 5 of this Act outlines the jurisdiction and powers of the Mamlatdar's Court, particularly concerning the removal of obstructions and the issuance of injunctions.
Section 5 of the Mamlatdars Courts Act, 1906, provides that:1. Every Mamlatdar shall preside over a court called the Mamlatdar's Court.2. The court has the power to issue injunctions to prevent disturbances or obstructions in the possession of lands used for agriculture, grazing, or other related purposes.3. No suit shall be entertained unless it is brought within six months from the date on which the cause of action arose.
While Section 5 does not explicitly outline punishments, it establishes a framework for legal recourse against obstructions, implying that failure to comply with its orders may lead to further legal action.
This commentary provides a comprehensive overview of Section 5 of the Mamlatdars Courts Act, 1906, highlighting its significance in the context of agricultural disputes and the legal framework governing such matters.
The Collector may after due notice to the parties, by order in writing transfer any suit from any Mamlatdar's Court in his district to any other Mamlatdar's Court in his district, and the Mamlatdar's Court to which the suit is so transferred shall thereupon exercise jurisdiction in such suit; but any order issued to village-officers under section 21 shall be issued by the Mamlatdar to whom such village-officers are subordinate.
All suits under this Act shall be Commenced by a plaint, which shall be presented to the Mamlatdar in open Court by the plaintiff, and which shall contain the following particulars :--
Contents of plaint
(a) the name age, religion, caste, profeession and place of abode of the plaintiff.
(b) the name, age, religion, caste, profession and place of abode of the defendant;
1[(bb) the nature and situation of the impediment errected and the situation of the lands which are adjacent to each other, and the nature of the relief sought;[ ]
(c) the nature and situation of porperty of which possession for use if sought, or the Mature of the injunction to be granted, as the case may be;
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Where a petition not in the form of a plaint is presented to the Mamlatdar and the subject matter thereof appears to fall within the scope of section 5, the Mamlatdar shall explain to the person presenting the petition the nature of the reliefs afforded by this Act, and shall inquire whether the petitioner desires to obtain relief thereby. If the petitioner expresses a desire so to obtain relief, the Mamlatdar shall endorse the desire on the petition which shall thereupon be deemed to be a plaint presented under section 7.
Where the plaint does not contain the particulars specified in section 7 or is unnecessarily prolix, the Mamlatdar shall forthwith examine the plaintiff upon oath and ascertain from him such of the particulars specified in section 7 as are not clearly and correctly stated in the plaint and shall reduce the examination to writing in the form of an endoresment on or annexure to the plaint which shall thereupon be deemed to be part of the plaint. Where the plaintiff requires time to obtain any of the particulars specified in section 7, the Mamlatdar shall grant him such time as may under all the circumstances appear reasonable.
When the plaint is presented and has, if necessary, been treated in the manner specified in section 9, the Mamlatdar shall require the plaintiff to subscribe and verify the plaint in his presence, in open Court in the manner following, or to the like effect :
"1. A. B., the plaintiff, do declare that what is stated in this plaint is true to the best of my information and belief."
(1) The Mamlatdar shall endorse the plaint to the effect that it was duly subscribe and verified.
Procedure where plaintiff cannot write
(2) Where the plaintiff cannot write, the verification may be written for him in open Court and he shall affix his mark to his name in token of the authenticity of the verification and the Mamlatdar shall, in such case record that the verification was. made in his presence at the request of the plaintiff, and that his mark was so affixed.
Section 11 of the Mamlatdars Courts Act, 1906, pertains to the endorsement of the plaint by the Mamlatdar, establishing procedural formalities essential for initiating proceedings before Mamlatdar's courts. This section plays a crucial role in ensuring the authenticity and proper verification of pleadings in land and dispute cases within the jurisdiction of Mamlatdars' courts.
Section 11 states that the Mamlatdar shall endorse the plaint to confirm that it has been duly subscribed and verified. It also prescribes the procedure to be followed when the plaintiff cannot write, including the endorsement process to ensure proper documentation and authentication of the plaint.
Note: The references are based on the provided sources, emphasizing the procedural and legal importance of Section 11 in the context of Mamlatdars' courts.
The Mamlatdar shall reject the plaint-- "Section 12 - Power to reject plaint" - Section 12 empowers the Mamlatdar to reject the plaint if the plaintiff fails to furnish the particulars required by Section 7 within the time fixed under Section 9; this is a built-in filter to ensure admissibility before merits. - [Gaurakshan Sansthan VS State of Maharashtra] "Section 7-9-12 interplay - Pleading prerequisites" - The Act requires that the proceedings be commenced by a plaint with specified particulars (Section 7), which must be tested by Section 9 (on oath if needed) and endorsed/verified; Section 12 then governs rejection for non-compliance. - [Gaurakshan Sansthan VS State of Maharashtra] "Mandatory nature - Consequence of non-compliance" - Compliance with Sections 7, 9, and 12 is mandatory; failure to furnish required particulars or to adhere to the prescribed form can lead to rejection of the plaint and termination of the proceedings at the threshold. - [Gaurakshan Sansthan VS State of Maharashtra] "Remand where procedure flawed" - When lower authorities act without following the prescribed procedure (e.g., defective plaint, improper panchnama, or failure to frame issues), higher courts have remanded for fresh consideration on merits, underscoring the procedural, not substantive, error. - [Taraba VS Vandana W/o Gajanan Tikare] "Fresh applications after rejection - maintainability" - A subsequent fresh application filed for the same cause after an earlier rejection for non-compliance is generally not maintainable; courts quash such orders and require redressal under law as appropriate. - [Sunil VS State Of Maharashtra], [Sunil VS State of Maharashtra, Through its Secretary, Department of Rural Development, Mantralaya, Mumbai-32] "Civil Court retains jurisdiction - not barred by MC Act" - The Mamlatdars' Courts Act does not bar civil courts from entertaining a suit; orders under the Act can be reviewed or challenged in Civil Court on merits, preserving a parallel remedy. - [Vimal W/o. Bhausaheb Nabde vs Sub Divisional Officer] "Civil suit remains available despite Section 5 orders" - Even where proceedings under Section 5 are ongoing, civil courts remain available to adjudicate substantive rights; the Act does not automatically foreclose a civil suit. - [Vimal W/o. Bhausaheb Nabde vs Sub Divisional Officer] "Ouster of civil jurisdiction - not absolute" - While the Act provides a specialized mechanism, there is no express bar in the statute that entirely excludes civil jurisdiction; the broad principle is that jurisdiction is not impliedly ousted. - [Ilaba Devendrasinh Jadeja VS State Of Gujarat], [Vimal W/o. Bhausaheb Nabde vs Sub Divisional Officer] "Section 26(b) bar—timing matters" - Section 26(b) bars suits concerning a removal/possession issue that has been the subject of previous proceedings, but the bar applies in a limited way (e.g., where a Civil Suit was filed before institution of Section 5 proceedings); the precise timing matters are case-specific. - [Ilaba Devendrasinh Jadeja VS State Of Gujarat] "Section 12 and limitation framework" - Limitation considerations (e.g., six-month limit under Section 5(3)) can impact whether a fresh application is timely; recurring causes of action may fall outside that window, affecting how Section 12 interacts with time bars. - [Panpoi Dharmal Sansthan Dhotarkherda VS Bhagwant Maroti Dhakulkar & others] "Revision and review under Section 23" - Even where a plaint is properly filed and there are procedural defects, the Collector's revisional power under Section 23 (and its 2A delegation provisions) provides a separate mechanism to correct illegality or impropriety; the proper exercise of revisional power is distinct from Section 12’s pleading-stage filter. - [Bija VS Kisan] "Panchnama and natural justice - procedural safeguards" - Proper recording of evidence (e.g., panchnama) and giving parties an opportunity to be heard are part of due process; errors here can lead to remand or invalid orders, illustrating how Section 12-related pleadings interact with evidentiary procedures. - [RAISINH DHIRAJSINH BORADHARA VS STATE OF GUJARAT], [BELEVIEW ASSOCIATIONS VS AMBALAL HIRABHAI PRAJAPATI] "Section 12 in context of removal of obstruction" - In road/right-of-way matters, rejection of a plaint for non-compliance under Section 12 does not end the dispute; parties can pursue civil remedies or re-file correctly, and courts have remanded to ensure compliance with Section 12 and related provisions. - [BELEVIEW ASSOCIATIONS VS AMBALAL HIRABHAI PRAJAPATI] "Court’s approach to pleadings versus merits" - Courts consistently emphasize that Section 12 serves as a gatekeeper; once a plaint is admitted, the Mamlatdar proceeds to merits, and any subsequent challenge to the merits remains subject to the Civil Court’s jurisdiction; Section 12 is not a substitute for merits review. - [Vimal W/o. Bhausaheb Nabde vs Sub Divisional Officer], [Taraba VS Vandana W/o Gajanan Tikare] "Scope of Section 12 beyond mere formality" - While Section 12 addresses formal defects, the broader jurisprudence treats it as part of ensuring natural justice and proper procedure; misapplication can invalidate orders and require remand, rather than outright dismissal on merits. - [BELEVIEW ASSOCIATIONS VS AMBALAL HIRABHAI PRAJAPATI], [Taraba VS Vandana W/o Gajanan Tikare] "Threshold role of Section 12 in the overall scheme" - Section 12 reinforces the overall statutory framework by mandating proper pleading before a Mamlatdar’s Court can adjudicate, while still permitting civil redress and revisiting orders in higher forums if warranted. - [Gaurakshan Sansthan VS State of Maharashtra], [Vimal W/o. Bhausaheb Nabde vs Sub Divisional Officer] "Ability to challenge via Civil Revision under Section 115" - While Section 12 governs pleadings, the broader regime contemplates revisional or appellate scrutiny (e.g., Section 115 CPC challenges) of Mamlatdar/Collector decisions; this underscores that Section 12 is one procedural facet within a larger appellate framework. - [JAY ATUL SHAH VS ARVINDBHAI AMRUTBHAI PATEL], [Vimal W/o. Bhausaheb Nabde vs Sub Divisional Officer] "Key takeaway" - Section 12 of the Mamlatdars' Courts Act, 1906, functions as a pleading-stage gatekeeper requiring strict compliance with Sections 7, 9, and 10; non-compliance triggers rejection of the plaint, but does not extinguish civil-enforcement avenues or the possibility of remand for procedural compliance or merits review through other statutory avenues. - [Gaurakshan Sansthan VS State of Maharashtra], [Taraba VS Vandana W/o Gajanan Tikare], [Vimal W/o. Bhausaheb Nabde vs Sub Divisional Officer]
(a) where the plaintiff declines to make a statement on oath under section 9; or
(b) where the plaintiff is willing to make or has made a statement on oath under section 9, but fails to furnish the particulars specified in section 7 within the time fixed under section 9 or altogether; or
(c) where it appears upon the face of the plaint,
(i) that the property or use claimed is not one of the kind specified in section 5; or
(ii) that the cause of action arose more than six months before the plaint was presented; or
(d) where the plaintiff declines to subscribe or verify the plaint as required by sections 10 and 11. Legal Comments
Where it appears to the Mamlatdar that the subject of the plaint is not within his jurisdiction, be shall, return the plaint to be presented in the proper Court.
(1) Where a plaint is admissible, the Mamlatdar shall receive and file it. He shall then fix a convenient day and place for the trial of the case, and shall issue, at the expense of the plaintiff, notice in the form of Schedule A to the defendant. He shall then require the plaintiff to appear with his documents, if any, and witnesses, if any, on the day and at the place fixed.
(2) The date to be fixed for the trial of the case shall not be earlier then ten days, nor later than fifteen days, from the day on which the notice is issued, except for sufficient reason to be recorded in writing by the Mamlatdar with his own hand.
(3) The place to be fixed for the trial of the case may be in the Mamlatdar's office or at or near the scene of dispute, or at any other spot that the Mamlatdar considers convenient to the parties.
(1) Where either party requires any witness to be summoned to appear on the day and at the place fixed the Mamlatdar shall issue a summons for that purpose.
(2) The Mamlatdar may issue, after recording his reasons in writing, a warrant for the arrest of any such witness if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.
(3) The payment of the cost incurred in thus procuring the attendance of witnesses shall be regulated in accordance with the rules that may from time to time be in force in regard to the attendance of witnesses in subordinate Civil Courts.
(1) Where the plaintiff fails to attend, or to produce his documents, if any or to adopt measures to procure the attendance of his witnesses, if any, on the day and, at the place fixed the Mamlatdar shall reject the plaint with costs, whether the defendant appears or not, unless the defendant admits the claim.
Where defendant does not appear case to be heard exparte
(2) Where the plaintiff attends as required by section 14, sub-section (1) but the defendant fails to attend and the Mamlatdar is satisfied from the evidence before him that the notice has been duly served on the defendant and in sufficient time to enable the defendant to appear and answer on the day fixed in the notice, be shall proceed to hear and decide the plaint ex-parte;
But case may be reheard on sufficient cause being sh
(1) Where, in the case mentioned in sub-section (2) of section 16, the Mamlatdar is not satisfied from the evidence before him that the notice has been duly served on the defendant, and in sufficient time to enable the defendant to appear and answer on the day fied in the notice, he shall adjourn the trial of the case and issue a fresh notice under section 14, sub-section (1) to the defendant.
(2) Where any witness who has been duly summoned, or for whose arrest a warrant has been issued under sub-section (2) of section 15, fails to attend on the day and at the placd fixed, the Mamlatdar may, if he considers there is sufficient reason, after taking the evidence of those present, adjourn the hearing of the suit from time to time till the attendance of such witness can be enforced.
(3) The Mamlatdar may, for any other sufficient reason t
(1) A minor may sue or be used, if he is represented by a natural or duly appointed guardian.
(2) The Mamlatdar may, at any stage of the proceedings order that the name of any person to whom possession or enjoyment of the property or use claimed, or of any part thereof, may have been transferred, or the addition of whom ias a party appears necessary in order to enable the Court, effectually and completely to adjudicate upon he issues, be added as a plaintiff or defendant, as the circumstances of the case may require;
Provided that no person shall be added as a plaintiff without his consent;
Provided also that in respect of any person so added, not being a transferee pending the suit, the suit shall for the purposes of section 5, sub-section (3), be deemed to have been instituted on the
(1) On the day fixed, or on any day to which the proceedings may have been adjourned, the Mamlatdar shall, subject to the provisions of section 16, proceed to hear all the evidence that is then and there before him and to try the following issues, namely :
(aa) If the plaintiff avers that the natural flow of surface water from his land has been impeded by any erection raised by the defendant causing damage or likelihood of damage to the plaintiff's land or to any grazing, trees or crops thereon--
(1) whether surface water flowed, in a defined channel or otherwise naturally from plantiff's land on to defendant's land ;
(2) whether the defendant erected any impediment to such flow, otherwise than under due authority of law ;
(3) whether such erection
Legal Comments
"Section 19" - Mandatory framing of issues and recording evidence/reasons - Section 19(2)-(3) requires Mamlatdar to examine witnesses, inspect the disputed property, and record a memorandum of evidence and reasons for findings - [Nagarbhai Bhikhabhai Kedva VS Deputy Collector, Banaskantha - 2023 0 Supreme(Guj) 1003]
"Section 5(1)-(2)" - Mamlatdar’s Court: original jurisdiction to remove obstructions and grant immediate possession; capable of issuing injunctions within defined limits; proviso allows civil court referral if appropriate - [Bhemdas Dharmabhai Harijan(Sadhu) VS Satuben Kajabhai Harijan - 2022 0 Supreme(Guj) 697], [026? see Bhemdas Dharmabhai Harijan(Sadhu) VS Satuben Kajabhai Harijan - 2022 0 Supreme(Guj) 697 note], consolidated
"Fresh Suit/Proceeding maintainability" - A subsequent application under Section 5 after a previous rejection for non-compliance is generally not maintainable; court quashes such fresh applications and remands or directs proper course - [Sunil VS State of Maharashtra, Through its Secretary, Department of Rural Development, Mantralaya, Mumbai-32 - 2020 0 Supreme(Bom) 1291], [Sunil VS State Of Maharashtra - 2020 0 Supreme(Bom) 1004]
"Civil Court jurisdiction retained" - Civil Courts retain jurisdiction to review Mamlatdar orders; orders under Section 5 are not final against Civil Court judgments; alternative civil remedy remains available - [Vimal W/o. Bhausaheb Nabde vs Sub Divisional Officer - 2025 0 Supreme(Bom) 982], [004000597? reference Sheik Madar VS Bhagwan - 1973 0 Supreme(Bom) 11]
"Bar of Appeal/Revision" - Section 23 provides Collector’s revisional powers; Sub-Divisional Officer delegation (Section 23(2A)) is limited; cannot arrogate to SD.O. powers reserved to Collector under 23(2) absent proper delegation - [Prashant Prabhakarrao Mukkawar VS Sub-Divisional Officer - 2019 0 Supreme(Bom) 1161], [Bija VS Kisan - 2014 0 Supreme(Bom) 2137]
"Interim relief" - Mamlatdar has no inherent power to grant interim injunction; interim relief orders without express statutory basis are void; require remand/direction to decide under proper procedure - [Sandip Bhagvatrao Bhakare VS Santosh Mohanlal Dave - 2021 0 Supreme(Bom) 1648]
"Fresh proceedings in Civil vs Mamlatdar" - Civil Court may adjudicate rights where the Act contemplates civil remedies; Section 26(b) bars suits for impediment/dispossession previously adjudicated if filed before Section 5 action, but not indisputable across all contexts - [00400034521], [Vilas Gajanan Bhujbal VS Sou. Pushpa Chandrakant Dabhade - 2017 0 Supreme(Bom) 1961]
"Ouster of jurisdiction: Civil Court" - Several rulings emphasize Civil Court jurisdiction is not implicitly barred; Mamlatdar acts are subject to review; section 9/19 procedures ensure fairness and natural justice; reliance on civil remedy remains - [Vimal W/o. Bhausaheb Nabde vs Sub Divisional Officer - 2025 0 Supreme(Bom) 982], [Bhemdas Dharmabhai Harijan(Sadhu) VS Satuben Kajabhai Harijan - 2022 0 Supreme(Guj) 697]
"Section 5(3) Limitation" - Limitation to fileSection 5 proceedings is six months from accrual of cause of action; Section 5(4) defines accrual date; recurring causes may fall outside if action recurs - [Panpoi Dharmal Sansthan Dhotarkherda VS Bhagwant Maroti Dhakulkar & others - 1989 0 Supreme(Bom) 174]
"Right of Way; panchnama and site-inspection" - Proper site inspection and panchnama are mandatory; absence or illegality in panchnama or notice can render orders unsustainable and remand necessary - [Nagarbhai Bhikhabhai Kedva VS Deputy Collector, Banaskantha - 2023 0 Supreme(Guj) 1003], [RAISINH DHIRAJSINH BORADHARA VS STATE OF GUJARAT - 2005 0 Supreme(Guj) 181]
"Fresh Suit vs. Mamlatdar order interplay" - When a Mamlatdar order concerns obstruction/removal, civil suit may still proceed; cannot bar civil remedy; remand/alteration may be needed to ensure due process - [Vimal W/o. Bhausaheb Nabde vs Sub Divisional Officer - 2025 0 Supreme(Bom) 982], [Jagdish Shriram Dhande VS Ramchandra Chinduji Dhande - 2019 0 Supreme(Bom) 2543]
"Deposition and cross-examination" - Cross-examination rights are essential; failure to permit cross-examination of witnesses renders Mamlatdar order vulnerable to challenge - [Sudhir Yashwant Dhangade VS Ankush Kashiram Bole - 2019 0 Supreme(Bom) 78]
"Section 23(2A) Delegation issues" - Delegation to Sub-Divisional Officer typically not permissible; if properly delegated, it should be to an Officer acting as Deputy/Asst Collector; identity disputes over SD.O. should be resolved on merits - [Prashant Prabhakarrao Mukkawar VS Sub-Divisional Officer - 2019 0 Supreme(Bom) 1161], [Ramesh Damu Patil VS Purushottam Umrao Chavan - 2016 0 Supreme(Bom) 1840]
"Goa, Daman & Diu comparable rules" - Goa case law consistently holds Mamlatdar’s Court cannot grant interim relief; Section 4/Section 5 powers do not confer such power; injunctions require appropriate statutory basis - [Jitendra Raghuraj Deshprabhu VS Mohan Navso Kalsekar - 2014 0 Supreme(Bom) 835], [004000686?]
"Constitutional framework: Articles 226/227" - High Courts exercise supervisory writ jurisdiction; Article 227 preserves power to quash or modify orders; section 9/19 compliance essential; lower courts’ findings not to be lightly interfered - [Bhemdas Dharmabhai Harijan(Sadhu) VS Satuben Kajabhai Harijan - 2022 0 Supreme(Guj) 697], [Jagdish Shriram Dhande VS Ramchandra Chinduji Dhande - 2019 0 Supreme(Bom) 2543]
"Section 26(b) – Bar of suit where previous proceedings exist" - Section 26(b) bars suits regarding impediments/removals previously adjudicated; bar applies when civil suit filed prior to Mamlatdar proceedings; context-specific - [Ilaba Devendrasinh Jadeja VS State Of Gujarat - 2021 0 Supreme(Guj) 418]
"Fresh Suit/Remand mandate" - When procedural flaws exist (no notice, improper panchnama), courts remand to Mamlatdar with guidance to follow statutory procedures; ensure due process - [Vallabhbhai Vastabhai Kukadiya VS Dy. Collector, Botad - 2022 0 Supreme(Guj) 693], [Bhemdas Dharmabhai Harijan(Sadhu) VS Satuben Kajabhai Harijan - 2022 0 Supreme(Guj) 697]
"Civil Revision vs. Section 115 CPC posture" - Several State High Courts have held that usurpation of Section 115 CPC revisions by Mamlatdar orders is not straightforward; some decisions hold that Mamlatdar orders are not ‘courts’ for CPC revision, while others permit limited revisional review depending on jurisdictional interpretations - [Sheik Madar VS Bhagwan - 1973 0 Supreme(Bom) 11], [JAY ATUL SHAH VS ARVINDBHAI AMRUTBHAI PATEL - 2017 0 Supreme(Guj) 1052], [Bija VS Kisan - 2014 0 Supreme(Bom) 2137]
"Section 7/9/10/12 mandatory formality" - Section 7 requires plaint-like filing; Section 9 mandates examination of the plaintiff, and Section 10 verification; non-compliance renders orders unsustainable; mandates remand for compliance - [Gaurakshan Sansthan VS State of Maharashtra - 2019 0 Supreme(Bom) 700], [RAJENDRA s/o SHESHRAO SHENDGE VS SHOBHATAI w/o SHRIRAO RAVATE - 2007 0 Supreme(Bom) 61]
"Handling obstruction/removal vs. Civil remedies" - Mamlatdar’s power to remove obstruction is tempered by the possibility of civil action; finality is not absolute; civil remedies can co-exist; section 22/26 provide transitional rules on enforcement pending civil adjudication - [Ilaba Devendrasinh Jadeja VS State Of Gujarat - 2021 0 Supreme(Guj) 418], [004000686?]
"Natural justice concerns: opportunity to lead evidence" - Courts require that parties be given opportunity to lead evidence, cross-examine, and be heard; failure leads to remand or reversal - [RAISINH DHIRAJSINH BORADHARA VS STATE OF GUJARAT - 2005 0 Supreme(Guj) 181], [Bhemdas Dharmabhai Harijan(Sadhu) VS Satuben Kajabhai Harijan - 2022 0 Supreme(Guj) 697]
Notes:- The above points synthesize the core themes from the provided sources. Where sources do not explicitly address a point, it has been omitted to maintain accuracy. References use the square-bracket notation as requested.
Every order of the Mamlatdar, whether for rejecting or returning a plaint or whether for allowing or disallowing a claim, shall be endorsed by the Mamlatdar on the plaint and shall be read out by him in open Court, either at once or on some future day of which due notice shall be given to the parties or their pleaders, and brief reasons for the order shall be placed by him on record.
(1) Where the Mamlatdar's decision is for1[ removal of an impediment or for] awarding possession or restoring a use, he shall give effect thereto by issuing such orders to the village-officers, or to any subordinate under his control or otherwise as he tyinks fit ;
Provided that notwithstanding anything contained in this Act, where at the time when a decision is recordet by the Mamlatdar for2[removal of the impediment arected on any land or for] awarding possession of any land, there is a crop on such land which has been sown by, at the expense of the defendant, and the Mamlatdar it satisfied that is has been so sown in good faith; the Mamlatdar may, and if the defendant makes an application for the purpose and furnishes sufficient security, or deposits in Court a sufficient sum, for the payment of the costs of the suit, shall pass an order staying delivery of possession of such la
1[Subject to the provisions of section 23 sub-section (2), the party in favour of whom the Mamlatdar issues an order for removal of an impediment or the party to whom the Mamlatdar gives possession or restores a use, or in whose favour an injunction is granted, shall continue to have the surface water upon his land flow unimpeded on to adjacent land or continue in possession or use, as the case may be, until otherwise decreed or ordered, or until outsted, by competent Civil Court ];
Provided, firstly, that nothing in this section shall prevent the party against whom the Mamlatdar's decision is passed from recovering by a suit in a competent Civil Court mesne profits for the time he has been kept out of possession of any property or out of enjoyment of any use :
Provided, secondly, that in any subsequent suit or other proceeding in any Ci
(1) There shall be no appeal from any order passed by a Mamlatdar under this Act.
Collector's power to revise Mamlatdar's proceedings
(2) But the Collector may call for and examine the record of any suit under this Act, and if he considers that any proceeding, finding or order in such suit is illegal or improper, may, after due notice to the parties, pass such order thereon, not inconsistent with this Act, as he thinks fit.
Delegation of Collector's powers
1[2A) The Collector may delegate the powers conferred on him by this section to any2[Assistant Collector3[ or Deputy Collector] subordinate to him :
Collector deemed to be a Court
(3) Where the Collector4[Ass
[Powers of the Court of the Judicial Commissioner of Sind.] Omitted by the Adaptation of Laws Order, 1950.
Any plaintiff subscribing and verifying any plaint under this Act (XLV of 1860), which he either knows or belives to be false, or does not believe to be true, in any material point, shall be deemed to have committed an offence punishable under section 193 of the1[Indian Penal Code.]
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1. Central Acts.
No suit shall lie under this Act--
(a)1[against Government or against any Government officer] in respect of any act doen or purporting to be done by any such officer in his official capacity, except where acting as a manager or guarding duly constituted under any law for the time being in force; or
(b) in respect of2[any removal of any impediment or of] any dispossession, recovery of possession or disturbance or possession, that has been the subject of previous proceedings, to which the plaintiff or his predecessor in interest was a party, under this Act, or in a Civil Court, or under Chapter XII of the Code of Criminal Procedure, 1898 [V of 1898].
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1. These words were substituted for the words "against the Crown or against an
Section 26 of the Mamlatdars’ Courts Act, 1906, primarily establishes the scope of jurisdiction of Mamlatdar’s Courts by explicitly barring certain types of civil suits. This provision aims to delineate the boundaries of the jurisdiction of Mamlatdars’ Courts, emphasizing their limited, specialized, and summary nature of jurisdiction, while safeguarding the finality of their proceedings and preventing multiplicity of suits.
Section 26 states:
"No suit shall lie under this Act,—(a) against Government or against any Government Officer in respect of any act done or purporting to be done by any such officer in his official capacity, except where acting as a manager or guardian duly constituted under any law for the time being in force; or(b) in respect of any removal of any impediment or of any dispossession, recovery of possession or disturbance of possession, that has been the subject of previous proceedings, to which the plaintiff or his predecessor in interest was a party, under this Act, or in a Civil Court or under Chapter XII of the Code of Criminal Procedure, 1898."
The core message: civil suits involving matters that have been adjudicated by Mamlatdar’s Courts or are barred by prior proceedings are barred from being filed under this Act.
While Section 26 itself does not prescribe a specific punishment, violation of this bar leads to:- Dismissal of the civil suit on the ground of maintainability.- Possible contempt proceedings if the suit is filed despite the bar.- The suit being barred from proceeding further in the civil court.
In conclusion, Section 26 of the Mamlatdars’ Courts Act, 1906, acts as a legislative safeguard to uphold the finality, efficiency, and integrity of Mamlatdar’s proceedings by barring civil suits on matters previously adjudicated or pending in Mamlatdar’s Courts or civil courts, thus maintaining the hierarchy and limited scope of jurisdiction of Mamlatdar’s Courts.
1 [2 [On the commencement of this Act in that part of the State of Bombay to which it is extended by the Mamlatdars' Courts (Extension) Act, 1957 (Bom IV of 1958), the Saurashtra Mamlatdars' Courts Ordinance, 1948, and the Mimlatdars' Courts Act, 1906 (Sau. Ord. LII Bom. II of 1906), as modified and extended to the Kutch area of the State of Bombay, shall, from such co commencement in that part, stand repealed :
Provided that notwithstanding any such repeal, anything done or action taken (including any appointments made, any Mamlatdars' Courts constituted, territorial limits thereof fixed, orders made by such Court, proceedings pending, before such Courts or before the Collector or other authority, and delegations made by the Government or the Collector) by or under the provisions of the laws so repealed shall, in so far as such thing done or action taken is not inconsistent with t
SCHEDULE A
form of notice to be issued to the defendant under section 14
Seal of the Court
No. of suit
In the Court of the Mamlatdar of
Plaintiff;
Defendant.
To defendant --( name, age, religion, caste, profession and place of abode.)
Whereas ( here enter the name, age, religion, caste, profession and place of abode of the plaintiff) has instituted a suit in this Court against you ( here state the particular of the plaint):
You are hereby summoned to appear in this Court at the Village of in person or by duly authorised agent on
SCHEDULE B
form notice to be issued under section 16
Seal of the Court
No. of suit.
In the Court of the Mamlatdar of
Plaintiff;
Defendant.
To plaintiff (or defendant, as the case may be).
WHEREAS, in the suit above specified, instituted in this Court by the, Court ordered on the day of last that and the said plaintiff (or defendant, as the case may be), has, under date the day of , applied to this court to re-hear the case on the grounds that (here stale the gr
1[SCHEDULE BB
from of injuction to be issued under section 21, sub-section (2)
Seal of the Court
No. of suit.
In the Court of the Mamlatdar of
Plaintiff;
Defendant.
To defendant,
whereas in the suit above specified, the Court has this day found that you have impended (or that you have attempted to impede) the natural flow of surface water naturally rising in or falling on the plaintiff's undermentioned property by (here describe the property and the impediment erected, or attempted to be erected, found proved);
You are hereby pr
SCHEDULE C
FROM OF INJUNCTION TO BE ISSUED UNDER SECTION-21, SUB-SECTION (2)
Seal of the Court
No. of suit.
In the Court of the Mamlatdar of
Plaintiff:
Defendant.
To defendant
WHEREAS in the suit above specified the Court has this day found that you have disturbed or obstructed (or that you have attempted to disturb or obstruct) the said plaintiff in this possession of the under mentionad property (or enjoyment of the under-mentioned use of water or use of roads, or otherwise as the case may be) by (here describe the disturbance or obstruction or attempted disturbance or
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