Bachharam Datta Patil & ANR Vs.
Vishwanath Pundalik Patil & Ors  INSC 47 (20 September 1956)
SINHA, BHUVNESHWAR P.
AIYYAR, T.L. VENKATARAMA DAS, S.K.
CITATION: 1957 AIR 34 1956 SCR 675
Watan lands-Resumption by
Government-Dispensing with the services and levying of full assessment-Lands
subsequently described as Japti Sanadi Inam lands-Whether retain character of
Certain lands which were originally Watan
lands were resumed by the Government after dispensing with the services that
were being rendered and full assessment was levied thereon.
Thelands were subsequently described as
"Japti Sanadi Inam" lands.
Held, that the lands had lost their character
as Watan lands and had become ryotwari lands of the holder.
Ramijyabi Muktum Saheb v. Gudusaheb, (54 Bom.
L.R. 405), approved.
The very description of the lands as Japti
Sanadi Inam lands means that the lands were once the subject matter of an Inam
grant by virtue of a Sanad and have been resumed or confiscated by the
Government and have been left in the hands of the holder as ryotwari holding.
The Government may commute the services to be
rendered and it will then depend on the terms of the agreement between the
holder of the Watan lands and the Government entered into at the time of the
commutation whether the lands are to retain their character as Watan lands or
CIVIL APPELLATE JURISDICTION: Civil Appeal
No. 249 of 1953.
On appeal from the judgment and decree dated
the 1st day of September, 1949, of the Bombay High Court in Appeal No. 23 of
1947 from original decree arising out of the decree dated the 28th September
1946 of the Civil Judge, Session Division at Belgawn in Suit No. 360 of 1945.
K.R. Beneri, J. B. Dadachanji -and Sri Narain
Andley for A. C. Dave for the appellants.
H.B. Datar and Naunit Lal for respondent No.
1. 676 1956. September 20. The Judgment of the Court was delivered by SINHA
J.-This is an appeal -by leave of the High Court of Judicature at Bombay from
the decision of a Division Bench of that Court reversing that of the trial
court in respect of items 3, 4 and 6 in the list of the properties attached to
the plaint as the subject-matter of the dispute. In respect of the other items
of property in dispute the courts below have given concurrent decisions and
that part of their judgments is no more in controversy at this stage. The three
items aforesaid of the property along with the others in dispute had been
decreed in favour 'of the original plaintiffs 2 and 3 as Watan property. But on
appeal by the third defendant, the High Court reversed the decision of the
trial court only in respect of those three items and confirmed the decision of
the trial court in respect of the rest of the plaint properties.
The propositus was one Shreemant who died on
the 23rd November, 1941 leaving him surviving his wife Radhabai.
Radhabai died on the 9th May 1945 and on her
death the dispute arose between the reversioners on the one hand including the
plaintiffs 2 and 3, appellants in this Court, and the defendants on the other
who claimed by virtue of alleged adoptions said to have been made by Radhabai
aforesaid. The first plaintiff is out of the picture now on the concurrent
finding by the courts below that he had no right to the state left by the
propositus by virtue of the adoption found in his favour, inasmuch as before he
was adopted the estate had already vested in the actual reversioners,
plaintiffs-2 and 3, the agnatic relations of Shreemant. The estate of
Shreemant, so far as it related to Watan lands, vested in plaintiffs 2 and 3
aforesaid under the provisions of Bombay Act v of 1886. If either defendant 2
or defendant 3 bad proved-his alleged adoption by Radhabai aforesaid, he would
have been entitled to the estate as the adopted son of the propositus, thus
excluding the agnatic relations, namely, plaintiffs 2 and 3. But both the
courts below- have concurrently found that 677 neither of the two defendants 2
and 3 had succeeded in proving the adoption respectively pleaded by them. The
trial court had substantially decreed the suit in respect of all the items of
property in dispute including the three items which, as indicated above, are
the only properties now in controversy in this Court, on the finding that these
also were Watan properties which like the rest of the plaint properties were
inherited by the reversionary aforesaid, namely, plaintiffs 2 and 3., The High
Court on appeal held that the three items of property now in dispute, though
originally Watan properties, had lost their character as such by reason of the
fact that they had been resumed by Government after dispensing with the service
and after levying full assessment on those lands. Those lands have been called
"Japti Sanadi Inam lands" in the records of the courts below and it
is by that name that we. shall refer to the disputed lands in the course of
It would thus appear that the controversy has
narrowed down to the question whether the Japti Sanadi Inam lands still retain their
character as Watan lands as held by the trial court, or have lost their
character as such in view of the events that had happened as decided by the
High Court. It is not disputed that in the former case the plaintiff-
appellants will be entitled to them also even as they gave 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 must fail. On this question both the courts below
have been rather cryptic in their remarks.
The trial court held them to be Watan lands,
with the following observations:- "The lands at serial Nos. 3, 4 and 6 are
Japti Sanadi lands.
They still retain the character of Sanadi
lands in spite of the fact that services have been temporarily dispensed with
and full assessment levied. Sanadi lands have been held to be Watan lands
governed by the Watan Act".
The trial court has made no attempt to
support its conclusions with reference to any statutory rules or 678
precedents. The lower appellate court has disposed of this question in these
words:- "Now it is conceded before us that there is no evidence to support
the observation made by the learned trial Judge, that the services were temporarily
dispensed with by the government. If therefore,the Record of Rights show that
the full assessment is being levied in respect of these lands, and that
services are not required to be performed and they are described as Japti
Sanadi Inam lands, meaning thereby that they were once Sanadi lands, but in
respect of which there has been resumption by the Government, the conclusion
must inevitably follow that these lands have ceased to be lands held on Sanadi
tenure and are held in ordinary occupancy rights".
The learned counsel for the appellants has
vehemently argued that the High Court was in error in concluding that the lands
in question had ceased to be Watan lands simply because the service attaching
to them had been dispensed with and full assessment levied by Government. This
argument was based on the provisions of the Bombay Hereditary Offices Act
(Bombay Act III), 1874. Apart from authority, therefore, we have to examine the
relevant provisions of that Act in order to determine whether those provisions
support the conclusions of the High Court. In section 4, "Watan
property", "Hereditary office" and "Watan" have been
defined as follows:- "Watan Property means movable or immovable property
held, acquired or assigned for providing remuneration for the performance of
the duty appertaining to an hereditary office. It includes a right to levy
customary fees or perquisites, in money or in kind, whether at fixed times or
otherwise. It includes cash payments in addition to the original watan property
made voluntarily by Government and subject periodically to modification or
'Hereditary office'-means every office held
hereditarily for the performance of duties connected with the administration or
collection of the public revenue, or with the village police, or with the
settlement of boundaries, or other matters of civil administration, 679 The
expression includes such office even where the services originally appertaining
to it have ceased to be demanded.
The watan-property, if any, and the hereditary
office and the rights and privileges attached to them together constitute the
From these 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 section 15 which make
it permissible for the Collector to commute the service and- relieve the bolder
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 section 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 retain 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, clause (1) of section 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 bolder". 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 680 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 bad been completely dispensed with in perpetuity
and the full assessment levied upon those lands. , It is not therefore clear
upon the findings of the courts 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.
On the findings of the courts below there was
no hereditary office anymore 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 assess- 681 ment. 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 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.
A similar question arose for decision in the
Bombay High Court in the case of Ramijyabi Muktum Saheb v. Gudusaheb(1) 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 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.
The appeal is accordingly dismissed with
(1) 54 Bom. L R. 405.