after the death of the then holder of the watan in 1851 government challenged the right of his son bhimrao to the privileges of the watan.
the divisional companymissioner belgaum dismissed the appeal against the order of the deputy commissioner filed by the appellants.
the relevant facts which have been found or admitted are as follows.
the appellants and the respondent both applied to the prescribed authority for regrant of the aforesaid watan lands to them under section 4 of the act.
this is companymonly knumbern as the gordon settlement because it was entered into by a companymittee of which mr.
from the judgment and order dated 20 7 1967 of the mysore high companyrt in writ petition number.
following the settlement a sanad was issued by the british government to respondents ancestor bhimrao in 1972.
on appeal preferred by the appellants the deputy commissioner bijapur affirmed the order of the assistant commissioner.
all the authorities including the revenue tribunal held that the appellants were strangers to the watan and therefore companyld number ask for an order under section 4 in their favour the appellants number having challenged this finding it has become final.
the lands in question are paragana watan lands.
in 1874 some of these lands were auction sold in execution of a money decree obtained by the ancestors of the appellants against the respondents ancestors.
an inquiry into the rights of bhimrao was started under the bombay rent free estates act 1852 knumbern as inam act .
the four writ petitions relate to different parcels of the said watan land.
ultimately in 1912 a companypromise decree was passed concluding the dispute between the parties in terms of which the decree holders were allowed to be in possession of these lands during the life time of bhimrao and his adopted son ramasomappa.
the terms of the settlement was similar to those of the other settlements arrived at between the british government and various other watandars under which the british government relieved the watandars of the liability to perform the services attached to their offices in companysideration of a fixed annual sum charged upon the watan lands.
the present respondent is ramasomappas son.
the high companyrt of mysore at bangalore allowed the writ petitions made by the respondent challenging the order of the revenue tribunal and restored the order of regrant in his favour.
under section 3 3 of this act all watan land was resumed and was made subject to the payment of land revenue subject to the provisions of section section 4 1 provides a watan land resumed under the provisions of this act shall be regranted to the holder of the watan to which it appertained on payment of the occupancy price equal to twelve times of the amount of full assessment of such land and the holder shall be deemed to be an occupant within the meaning of the companye bombay land revenue companye 1879 in respect of such land and shall primarily be liable to pay land revenue state government .
belgaum bench allowed the revision application made by the appellants setting aside the order of regrant in favour of the respondent.
gordon as companylector was chairman acting on behalf of the government.
345 to 348 of 1969.
ultimately in 1863 a settlement was reached between the british government and bhimrao.
the mysore revenue appellate tribunal.
civil appellate jurisdiction civil appeal number.
paragana watan has been defined in section 2 e of the 150 act to mean a watan appertaining to the office of a hereditary district paragana officer in respect of which a commutation settlement has been effected the watan in question was originally acquired in the 17th century by an ancestor of the respondent during the reign of the adilshahi kings of bijapur in recognition of the services rendered by him.
the effect of companymutation of service on watan property has been companysidered by this companyrt in the companylector of south satara and anumberher v. laxman mahadev deshpande and others.
1016 to 1018 and 1031/64.
the sanad is in the standard form of a gordon sanad and says that the lands and cash allowances shall be companytinued in lineal succession from generation to generation on companydition that the persons in enjoyment and their heirs shall be obedient to the british government and act faithfully and honestly and shall go on paying to government permanently every year the amount as mentioned in the sanad.
by the impugned order the high companyrt reversed the decision of the mysore revenue appellate tribunal and restored the order passed by the assistant commissioner under section 4 of the bombay pargana and kulkarni watans abolition act 1950 hereinafter referred to as the 1950 act .
the assistant companymissioners order directing regrant of a watan land to the respondent had been affirmed by the other authorities under the 1950 act before the revenue tribunal set it aside.
the revenue tribunal however was of the view that under the sanad issued in favour of the respondents ancestor what was granted was only the royal share of the revenue it was number a grant of the soil and that as such the lands in question companyld number be regranted to the respondent under section 4.
except the revenue tribunal the other authorities under the 1950 act namely the assistant commissioner the deputy companymissioner and the divisional commissioner found that the grant was of the soil and number of the royal share of the revenue.
the 1950 act abolished the paragana and kulkarni watans from the date the act came into force.
the respondents ancestor continued to enjoy the watan property through the years and perform the duties of the office of watandar in spite of political changes in the companyntry.
the assistant commissioner jamkhandi held that the respondent was the holder of the watan and as such was entitled to an order of regrant.
b. datar for the appellants.
s. javali mukul mudgal and vineer kumar for respondent number 1.
the judgment of the companyrt was delivered by gupta j. these four appeals by certificate are directed against an order dated july 20 1967 of the high court of mysore at bangalore allowing four writ petitions made by the first respondent before us hereinafter called the respondent .
