This position was in fact accepted by the Revenue officers all throughout and that is evident from the order of the District Deputy Collector, Satara dated 19th August, 1937 Ex.
28 and the decision dated 28th February, 1951 Ex.
Appeal by Special Leave from the Judgment and Decree dated the 22 2 1967 of the Bombay High Court in First Appeal No.
N. Phadke, M. N. Shroff and S. P. Nayar, for the appellant.
S. Desai and D. Goburdhan, for the respondent.
331 given by the Collector of North Satara allowing an appeal filed by the respondent.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
If the Watan was in respect of the soil, the respondent would number be entitled to any companypensation for the resumption of the Watan lands, but if it was a Watan of land revenue only, the respondent would have a claim for companypensation for a a sum equal to ten times the amount of such land revenue under s. 6 2 of the Act.
The State of Maharashtra being aggrieved by the decree passed by the learned Civil Judge, Senior Division and affirmed by the High Court preferred the present appeal with special leave obtained from this Court.
The Judgment of the Court was delivered by BHAGWATI, J. This appeal by special leave raises a short question as to whether the Watan held by the respondent at the date of companying into force of the Bombay Paragana and Kulkarni Watans Abolition Act, 1950 was a Watan of the soil, or a Watan of land revenue only, in respect of certain lands situate in village shirambe, Taluka Koregaon, District North Statara.
The earlier documents relied upon by the respondent have also been referred to by the High Court and they clearly go to show that the grant was of land revenue and number of the soil.
The High Court has discussed these entries and it is number necessary for us to reiterate what has been so ably said by the High Court.
The claim was decreed by the learned Civil Judge, Senior Division and on appeal by the State of Maharashtra the High Court affirmed the view taken by the learned Civil Judge, Senior Division.
1381 of 1968.
15,074 4 0 by way of companypensation against the State of Maharashtra in the Court of Civil Judge, Senior Division, Satara.
The respondent claimed that the Watan was of land revenue only and number of the soil and he was, therefore, entitled to companypensation as provided in s. 6 2 of the Act and filed a suit for recovery of Rs.
12/1960 .
