The Mamlatdar’s Courts Act, 1906.

S.2 Repeal of Bom. Act III 1876.

The Mamlatdar's Courts Act, 1876, is hereby repealed.

S.3 Interpretation.

In this Act, unless there is anything repugnant in the subject or context,

¹[(aa) "Collector" includes a Deputy Commissioner ;]

(a) the word "Mamlatdar" shall include any Revenue Officer exercising for the time being the powers ²[of a Mamlatdar, of a Mahalkari, or of a Tahasildar or Naib Tahasildar,] and any other person who may be specially authorised by ³[the ⁴[State] Government] to exercise the powers of a Mamlatdar under this Act ; and

(b) the words "Plaintiff" and "Defendant" shall include-

S.4 Power to appoint Joint Mamlatdar. Power of Mamlatdar to transfer suits to the Joint Mamlatdar. Delegation of powers to Commissioner.

(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 co-extensive powers and a concurrent jurisdiction with the Mamlatdar, except that he shall dispose of such suit only as he may receive from the Mamlatdar.

(2) Power of Mamlatdar to transfer suits to the Joint Mamlatdar.- 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 suit, of which the Joint Mamlatdar is, owing to death, sickness or any other cause unable to dispose.

(3) Delegation of powers to Commissioner.- The ⁴

S.5 Powers of Mamlatdar's Courts. Power to issue injunction. Suits to be filed within six months. Cause of action.

(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] o

S.6 Power of Collector to transfer suits.

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.

S.7 Suits commenced by plaint. Contents of plaint.

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,-

(a) Contents of Plaint.- the name, age, religion, caste, profession 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 erected and the situation of the lands which are adjacent to each other and the nature of the relief sought ;]

S.8 Informal petitions to be treated as plaints.

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.

S.9 Examination of Plaintiff on oath.

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 endorsement on or annexure to the plaint which shall thereupon be deemed to be part of the plaint. Where the Plaintiff required 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.

S.10 Plaint to be subscribed and verified.

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 :-

"I, A. B., the Plaintiff, do declare that what is stated in this plaint is true to the best of my information and belief."

S.11 Endorsement by Mamlatdar. Procedure where Plaintiff can not write.

(1) The Mamlatdar shall endorse the plaint to the effect that it was duly subscribed and verified.

(2) Procedure where Plaintiff cannot write.- 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.

S.12 Rejection of plaint.

The Mamlatdar shall reject the plaint,-

(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

(i) that the property or use claimed is not one of the kind specified in section 5

S.13 Return of plaint.

Where it appears to the Mamlatdar that the subject of the plaint is not within his jurisdiction, he shall return the plaint to be presented in the proper Court.

S.14 Procedure where plaint admissible.

(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 than 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

S.15 Attendance of witnesses.

(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.

S.16 Where plaintiff makes default, plaint to be rejected with costs. Where defendant does not appear, case to be heard ex-parte. But case may be re-heard on sufficient cause being shown.

(1) Where the plaintiff fails to attend, or to produce his documents, if any, or to adopt measures to procure that 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.

(2) Where defendant does not appear, case to be heard ex-parte.- 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, he shall proceed to hear and decide the plaint ex-parte:

But case may be re-heard on sufficien

S.17 When proceedings may be adjourned.

(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 fixed in the notice, he shall adjourn the trial of the case and issue 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 place 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) Th

S.18 Minor may be a party. Power to add parties. Procedure in case of death of party.

(1) A minor may use or be used if he is represented by a natural or duly appointed guardian.

(2) Power to add parties.- 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 who as a party appears necessary in order to enable the Court effectually and completely to adjudicate upon the 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

S.19 Points to be decided by Mamlatdar at hearing. Power of Mamlatdar to examine other witnesses and inspect property in dispute. Record of proceedings by Mamlatdar. Orders to be passed by Mamlatdar upon decisions in favour of plaintiff and defendant.

(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, ¹[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 likelyhood of damage to the plaintiff's land or to any grazing, trees to crops thereon-

(1) whether surface water flowed, in a defined channel or otherwise naturally from plaintiff's land on the defendant's land ;

S.20 Mamlatdar's order to be endorsed on plaint and read out in open Court.

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.

S.21 Mamlatdar's decision how executed. Proviso as to growing crops. Mode of serving injunction. Recovery of costs awarded. Disobedience to an injunction how punishable.

(1) Where the Mamlatdar's decision is for ¹[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 thinks fit :

Proviso as to growing crops.- Provided that, notwithstanding anything contained in this Act where at the time when a decision is recorded by the Mamlatdar for ²[removal of the impediment erected on any land or for] awarding possession of any land, there is a crop on such land which has been sown by, or at the expense of, the defendant, and the Mamlatdar is satisfied that it 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 su

S.22 Possession to be given without prejudice to rights of parties.

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 of 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 ousted, by a 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 sub

S.23 Bar of appeal. Collector's power to revise Mamlatdar's proceedings. Delegation to Collector's powers. Collector deemed to be a Court.

(1) There shall be no appeal from any order passed by a Mamlatdar under this Act.

(2) Collector's power to revise Mamlatdar's proceedings.- 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.

¹[(2A) Delegation to Collector's powers.- The Collector may delegate the powers conferred on him by this section to any ²[Assistant Collector, Deputy Collector or Assistant Commissioner] subordinate to him];

(3) Collector deemed to be a Court.- Where the Collector, ³

S.24 Omitted.

[Powers of the Court of the Judicial Commissioner of Sind.] Omitted by the Adaptation of Laws Order, 1950.

S.25 Punishment for verification of false plaint.

Any plaintiff subscribing and verifying any plaint under this Act which he either knows or believes 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 the ¹[Indian Penal Code (XLV of 1860)].

S.26 Bar of certain suits.

No suit shall lie under this Act,-

(a) ¹[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 ²[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 ³Code of Criminal Procedure, 1898 (V of 1898).

S.27 Repeals and savings.

¹[27.² Repeals and savings.- On the commencement of this Act in that part of the State of Bombay to which it is extended by the Mamlatdar's Courts (Extension) Act, 1957 (Bom.IV of 1958), the Saurashtra Mamlatdar's Courts Ordinance, 1948 (Sau. Ord. LII of 1948), and the Mamlatdar's Courts Act, 1906 (Bom. II of 1906), as modified and extended to the Kutch area of the State of Bombay, shall, from such commencement in that part, stand repealed :

Provided that notwithstanding any such repeal, anything done or action taken (including any appointments made, any Mamlatdar's Courts constituted, territorial limits thereof fixed, orders made by such Courts, 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 t

S.1 Short title. Commencement in rest of State.

(1) This Act may be called the Mamlatdar's Courts Act, 1906.

¹[(2) It shall extend to the whole of the ²[State of Maharashtra], except the ³City of Bombay.

⁴(3) Commencement in rest of State.- In that part of the State of Bombay to which it is extended by the Mamlatdar's 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.]