NDLI: Shrimant Sardar Bhujangaro Daulatrao Ghorpade Vs. Shrimant Malojirao Daulatrao Ghorpade and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Bombay Revenue Jurisdiction Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Bombay Revenue Jurisdiction Act, 1876 (10 of 1876)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Bombay Revenue Jurisdiction Act (X of 1876), s. 4(a)- Saranjam - Dispute between branches of grantee's •family-Government Resolution regulating succession-Suit to declare Resolution ultra vires, for declaration of sole right as saranjamdar, and for injunction against other branches-Government impleaded as party Maintainability of suit. The position of the Gajendragad estate which had been recognised by the British Government as a saranjam and which had been declared by the Bombay High Court in 1868 to be partible, was re-examined in 1891 and Government passed a Resolution in 1891 that "the whole of the Gajendragad estate was a saranjam continuable as hereditary in the fullest sense of the word. It ls continuable to all made legitimate descendants of the holder at the time of the British conquest." In 1932 by another Resolution Government formally resumed the grant and re-granted it to the plaintiff who belonged to the first branch of the family of the original grantee with a direction that it should be entered in his sole name in the accounts of the Collector. The other two branches felt aggrieved and in 1936 Government passed another Resolution which confirmed the Resolution of 1891 and modified the Resolution of 19321, by declaring that the portions of the estate held by the branches shall be entered as de facto shares and that each share shall be continuable hereditarily as if it were a separate saranjam estate. The plaintiff instituted a suit impleading the representatives of the other two branches as defendants 1 and 2, and the Province of Bombay as the 3rd defendant, alleging that the Resolution of 1936 was ultra vires and praying (A) for a declaration (i) that the defendants 1 and 2 had no right to go behind the Resolution of 1932 under which the plaintiff was recognised as the. sole saranjamdar and that the assignments held by defendants were held by them as mere potgi holders, (ii) that the plaintiff had the sole right to all privileges appertaining to the post of saranjamdar, and (iii) that the Government had no right to change the Resolution of 1932, and (B) for restraining the defendants I and 2 from doing any acts in contravention of the aforesaid right of the plaintiff.
Judge	Hon'ble Mr. Justice Vivian Bose
Neutral Citation	1952 INSC 4
Petitioner	Shrimant Sardar Bhujangaro Daulatrao Ghorpade
Respondent	Shrimant Malojirao Daulatrao Ghorpade And Others
SCR	[1952] 1 S.C.R. 402
Judgement Date	1952-01-30
Case Number	11

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