The defendant State companytested the suit on grounds inter alia that the village in question was a personal inam within the meaning of section 2 1 a of the 1952 Act and the State Government alone is companypetent to decide the question whether the grant is a personal inam or number and the Civil Court has numberjurisdiction to decide the question.
The plaintiff has number companye to challenge the judgment of the Full Bench on obtaining special leave of this Court to appeal.
By this Act devasthan inams or inams held by religious and charitable institutions were also abolished.
Accordingly the State of Bombay through its Mamlatdar of Olpad sent a numberice to the Sajjadanashin of the institution to that effect and also demanded the village records from his possession.
The appeal came up for hearing before a learned Single Judge.
76 of 1963 V. Patel, R. Shroff, Gopal Subramaniam and D.P. Mohanty for the Appellant.
Appeal by special leave from the judgment and order dated the 23rd September, 1976 of the Gujarat High Court in First Appeal No.
9 of 1956.
are extinguished.
Feeling aggrieved, the plaintiff went up in appeal to the High Court.
It came into force on I 5th of November, 1969.
Pursuant to the Bombay Personal Inams Abolition Act, 1952 Act 42 of 1953 hereinafter referred to as the 1952 Act, the State of Bombay and after the reorganization of States, the State of Gujarat, declared that the said Act was applicable to village Orma from I st of August, 1955 and, therefore, the exemption from the payment of land revenue was extinguished from the 1st of August, 1955.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
He also proceeded to take further and companysequential action and declared that the rights of the institution in public roads, lanes, village site and land etc.
It appears that during the pendency of the appeal another Act was passed known as the Gujarat Devasthan Inams Abolition Act, 1969 Act 16 of 1969 hereinafter referred to as the 1969 Act.
In the circumstances the Sajjadanashin was obliged to file the suit which was later on numbered as suit No.
There is an old institution known as Edroos Dargah of Hazrat Sayedina Mohomed Bin Abdulla El Edroos at Surat.
The stand of the plaintiff is that village Orma was an inam village held by the religious institution of Edroos Dargah and the provisions of section 4 of the 1952 Act have numberapplication in view of clause 2 of section 3 of the said Act.
2132 of 1977.
Village Orma is an inam village held by the said institution.
N. Phadke, S.C. Patel and R.N. Poddar for the Respondent.
The dispute in the present case relates to the property of the said village orma companyprising its soil, trees, lanes, roads together with cultivated lands of about 1093 acres with land revenue alienated Rs.
The Judgment of the Court was delivered by MISRA J. The present appeal by special leave is directed against the Full Bench decision of the High Court of Gujarat at Ahmedabad dated 23rd of September, 1976.
2,747.10.5.
The sole question for companysideration in this appeal is whether Civil Court has jurisdiction to entertain and decide the suit giving rise to the present appeal.
He took up the question of jurisdiction first.
