13,333 9 0.
The appellants further claimed a sum of Rs.
17,615/ and that the share of Rs.
On May 15, 1962 the Special Deputy Collector Khoti Kolaba made his award granting a sum of Rs.
On January 31, 1962 the appellants filed before the Special Deputy Collector, Kolaba a preliminary statement.
A. 40 of 1962.
Any person aggrieved by the award or decision of the Collector may appeal to the Bombay Revenue Tribunal companystituted under the Bombay Revenue Tribunal Act, 1939.
The Tribunal therefore, set aside the award and remanded the case for retrial setting out the points to be decided by the Special Deputy Collector.
Appeal by special leave from the judgment and order dated February 25, 1965 of the Maharashtra Revenue Tribunal, Bom bay in No.
0 12 1 1/2 in the village.
The Bombay Khoti Abolition Act, 1949 came into force with effect from April 12, 1959.
On September 18, 1964, November 21, 1964 and February 1, 1965 the appellants filed before the Tribunal further supplementary arguments in writing.
6,850/ being the one third share of the price at the present market rate of the trees etc.,
The appellants said that the total companypensation which they claimed for the entire village came to Rs.
On September 16, 1963 the appellants submitted before the Tribunal their written arguments.
837 94 as companypensation.
In the application, the appellants stated that the village Kotheri in Taluka Mahal was a Khoti village of Pat leasehold and that the appellants had a Khoti share of Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellants further companytended that they had a partnership with the State in respect of forest income, that is, in the division of agricultural produce and that the partnership in the forest income has number been abo lished under the Khoti Abolition Act and the partnership is still subsisting.
L. Sanghi and S. P. Nayar, for the respondents.
Aggrieved by the award the appellants preferred an appeal before the Maharashtra Revenue Tribunal being Revenue Appeal No.
40 of 1962 whereby the Tribunal set aside the award of the Special Deputy Collector, Khoti , Kolaba under s. 12 of the Bombay Khoti Abolition Act, 1949 directing the amount of Rs.
837.94 to be paid to the appellants for their share of Rs.
0 12 1 1/3 share in village Kotheri, Taluka Mahal, District Kolaba and remanded the case for retrial stating the points for decision by the Special Deputy Collector.
744 of 1966.
0 12 1 1/3 came to Rs.
7,480/ in respect of loss under the reserved forest 74 acres 32 gunthas , and a sum of Rs.
The appellants said that the question of determining companypensation for the forest partnership cannot, therefore, arise.
The Act was amended by the Maharashtra Act 43 of 1963 by which payment of companypensation was provided to any loss of share in the forest revenue and the Amending Act came into force on October 6, 1963 and it was provided that the claim for companypensation can be entertained upto March 31, 1964.
The Judgment of the Court was delivered by Ramaswami, J. This appeal is brought by special leave from the judgment of the Maharashtra Revenue Tribunal, Bombay in Revenue Appeal No.
Rev. A. 40 of 1962.
VI of 1950 hereinafter referred to as the Act .
On October 9, 1950 the appellants made an application before the Collector of Kolaba for obtaining companypensation for Khoti rights in respect of reserved forest and unassessed lands in accordance with the provisions of the Bombay Khoti Abolition Act, 1949 Act No.
T. Desai and Naunit Lal, for the appellant.
