Case: Bachharam Datta Patil And Another Vs. Vishwanath Pundalik Patil Andothers

lands were once Watan property and that once the property is impressed with the character of inam lands, they continue to bear that character, because the Government have not been authorised by any law to change their character. No precedent or statutory provisions directly supporting this wide proposition have been brought to our notice. But our attention was called to the provisions of S.15 which make it permissible for the Collector to commute the service and relieve the holder of the Watan and his heirs and successors in perpetuity of their liability to perform the service on such conditions as may be agreed upon. If we have been able correctly to appreciate the argument based upon S.15, it was sought to be made out that the service in respect of the Watan lands in question may have been commuted but even after the commutation of the service the Watan remained and the lands continued to ret in the character of Watan lands. This argument assumes that even upon the service being entirely dispensed with in perpetuity, the Watan character of the land continued. That is begging the question. Furthermore, cl. (1) S.15 contemplates commutation "upon such conditions, whether consistent with the provisions of this Act or not, as may be agreed upon by the Collector and such holder." Thus the conditions to be agreed upon between the holder of land which was once part of a Watan and the Government at the time of the commutation may be of so many varieties that in some cases the Watan character of the land may be maintained, whereas in others the conditions agreed between the parties may themselves contemplate the cessation of that character. In the present case, apart from the entries in the Record of Rights, we have no other evidence to indicate as to on what terms the service had been completely dispensed with in perpetuity and the full assessment levied upon those lands. It is not therefore clear upon the findings of the Court below that there were any such conditions attaching to the holding of the lands in question which could be consistent with the continuance of the original Watan tenure. It is possible to conceive of a case where the conditions agreed upon provide for the continuance of the Watan tenure, in spite of the fact that the holders have been excused the performance of the customary service. On the other hand, it may be that there were no conditions agreed between the parties continuing the Watan character of the land after dispensing with the service.5. On findings of the Courts below there was no hereditary office any more and therefore the question of remunerating any service with the usufruct of Watan property or otherwise did not arise. On the other hand, the provisions of Section 22 of the Act clearly predicate that a Watan may lapse in part or in whole or may be confiscated or otherwise lawfully resumed by Government and that in such cases it is lawful for Government to attach such land to a newly created Watan in favour of such persons as may be appointed by Government.That being so, it is impossible to contend that Government have not the power to destroy the Watan character of a Watan land. Such an argument completely ignores the legal position that an authority which has the power to create an office and to provide for its remuneration in cash or in kind has also the power to revoke the grant, and upon such revocation, if any, land has been assigned for remunerating the office so abolished it must revert to the source from which it came; that is to say, ryotwari land subject to land revenue assessment. That is what appears to have happened in the present case. The very description of the land as Japti Sanadi Inam land would mean that, that which was once the subject- matter of an inam grant by virtue of a sanad has been resumed or confiscated by Government and the land left in possession of the holder as ryotwari holding. As pointed out by the Courts below, there is no evidence as to the original character of the grant or as to how and when the grant was resumed and the land thus became subject to ordinary occupancy rights. But they have proceeded on the basis that it was the subject-matter of a Watan by sanad which has been subsequently resumed by Government as service was no more required and the necessity for the grant was no more there. They have only differed on the legal result of the resumption.6. A similar question arose for decision in the Bombay High Court in the case ofRamijyabi Muktum Saheb v. Gudusaheb, 54 Bom. L R 405: (A I R 1952 Bom. 387) (A) after the present case had been decided by that Court. In that case property which was originally Watan was continued with the holder thereof but without the obligation to render any service and with the full levy of assessment in respect of the land. The question arose whether such land continued to be Watan land with its special incidents as regards alienation, etc., or whether it was ordinary occupancy holding. A single Judge of that Court who heard the appeal in the first instance came to the conclusion that the land continued to be Watan land. On Letters Patent Appeal, the Division Bench after a very elaborate examination of the relevant rules and precedents came to the contrary conclusion and held that the land had ceased to have the character of the Watan and was subject to the ordinary law of land tenures in that State. We are in agreement with the conclusion reached by the Letters Patent Bench in that case, the facts of which were similar to those of the present case. Hence it must be held that there is neither authority nor principle in favour of the contention raised on behalf of the appellants.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]It is not disputed that in the former case the plaintiff-appellants will be entitled to them also even as they have been adjudged to be entitled to the rest of the properties in dispute which were admittedly Watan lands. It is equally undisputed that if the Japti Sanadi Inam lands are no more Watan lands, this appeal mustthese definitions it is clear that in order that there may be a Watan it is necessary that there should be a hereditary office and Watan property which is assigned to the "Watandar" by way of remuneration for the performance of the duty appertaining to his office. But it has been argued on behalf of the appellants that it is common ground that the Sanadi Inam lands were once Watan property and that once the property is impressed with the character of inam lands, they continue to bear that character, because the Government have not been authorised by any law to change their character. No precedent or statutory provisions directly supporting this wide proposition have been brought to our notice. But our attention was called to the provisions of S.15 which make it permissible for the Collector to commute the service and relieve the holder of the Watan and his heirs and successors in perpetuity of their liability to perform the service on such conditions as may be agreedwe have been able correctly to appreciate the argument based upon S.15, it was sought to be made out that the service in respect of the Watan lands in question may have been commuted but even after the commutation of the service the Watan remained and the lands continued to ret in the character of Watan lands. This argument assumes that even upon the service being entirely dispensed with in perpetuity, the Watan character of the land continued. That is begging the question. Furthermore, cl. (1) S.15 contemplates commutation "upon such conditions, whether consistent with the provisions of this Act or not, as may be agreed upon by the Collector and such holder." Thus the conditions to be agreed upon between the holder of land which was once part of a Watan and the Government at the time of the commutation may be of so many varieties that in some cases the Watan character of the land may be maintained, whereas in others the conditions agreed between the parties may themselves contemplate the cessation of that character. In the present case, apart from the entries in the Record of Rights, we have no other evidence to indicate as to on what terms the service had been completely dispensed with in perpetuity and the full assessment levied upon thoseis not therefore clear upon the findings of the Court below that there were any such conditions attaching to the holding of the lands in question which could be consistent with the continuance of the original Watan tenure. It is possible to conceive of a case where the conditions agreed upon provide for the continuance of the Watan tenure, in spite of the fact that the holders have been excused the performance of the customary service. On the other hand, it may be that there were no conditions agreed between the parties continuing the Watan character of the land after dispensing with the service.5. On findings of the Courts below there was no hereditary office any more and therefore the question of remunerating any service with the usufruct of Watan property or otherwise did notbeing so, it is impossible to contend that Government have not the power to destroy the Watan character of a Watan land. Such an argument completely ignores the legal position that an authority which has the power to create an office and to provide for its remuneration in cash or in kind has also the power to revoke the grant, and upon such revocation, if any, land has been assigned for remunerating the office so abolished it must revert to the source from which it came; that is to say, ryotwari land subject to land revenueare in agreement with the conclusion reached by the Letters Patent Bench in that case, the facts of which were similar to those of the present case. Hence it must be held that there is neither authority nor principle in favour of the contention raised on behalf of the appellants.