Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bombay Hererditary Offices Act 1874 Watan Lands Perpetual lease Fixation of higher rent by Government |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Watan Lands— Perpetual lease—Fixation of higher rent by Government—Whether Watandur entitled to enhance rent— Compulsory acquisition—Apportionment of compensation—If Watandar entitled only to capitalised value of rent—Bombay Hereditary Offices Act, 1874 (Bom, III of 1874), Ss. 5 and 9.In 1863, the Watandar granted a permanent lease of watan lands at a fixed rent of Rs. 727/- per year. In 1907 the Watandar applied under s. 9 of the Watan Act for declaring the lease null and void and for possession of the lands. The Collector rejected the application but directed an additional amount of rent to be paid. The Watandar moved the Government and by an order dated May 23, 1911,the Government fixed the rent at Rs. 1245/4)-. Some of the lands were compulsorily acquired and the compensation was apportioned between the Watandar and the tenant in the proportion of 10:6. On appeal the High Court held that the Watandar was entitled to claim that the tenant should pay enhanced rent and on that basis apportioned the compensation in the proportion of 55:45 Held, that the Watandar was not entitled to enhance the rent and that he was only entitled to the capitalised value of the rent as his share of the compensation. In an application under s. 9 of the Watan Act the Collector has first to decide whether there are reasons for declaring the alienation null and void. If he decides that there are good reasons he is to give the declaration and thereafter he may either transfer the possession to the Watandar or take action under s. 9(2), maintain the possession of the alience and collect from him the proper amount as the profits from the land for payment to the Watandar. In such a case, where the alienation was a lease, the former lease ceased to be effective and the lessee henceforth continued in possession on the strength of the Collector's permission. But if the Collector found no reasons to declare the lease null and void, he could take no action under s. 9(2). In the proceeding of 1907 the Collector had refused the declaration and consequently he had no jurisdiction to make any order under s. 9(2) and his order directing the tenant to pay addition rent was without jurisdiction. From this order it could not be inferred that he had declared the lease null and void. Nor did the Government declare the lease of 1863 null and void; it merely ordered that the rent should be revised and fixed at Rs. 1245/4/-. It proceeded on the basis that the lease was subsisting the order of the Government was one giving sanction to the lease of the Watan lands to the person in possession at this revised rent keeping the other terms regarding the lease being permanent and the rent remaining fixed unaltered. The action of the Government must therefore be held to be under s. 5, and not under s. 9 of the Act. |
Judge | Hon'ble Mr. Justice K.C. Das Gupta |
Neutral Citation | 1962 INSC 158 |
Petitioner | Vlthal Yeshwant Jathar |
Respondent | Shikandarkhan Makhtumkhan Sardesai |
SCR | [1963] 2 S.C.R. 285 |
Judgement Date | 1962-04-19 |
Case Number | 379 |
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