The Prant Officer instead of granting the one half share of the land which belonged to the plaintiffs in their favour ordered that the entire extent of land measuring 22 Acres and 13 Gunthas should be granted in favour of the defendants and Pandu Krishna as they were in possession of the whole land by his order dated February 5, 1964 in WTN LGL SR772.
2 1/4 share and Pandu Krishna the remaining 1/2 share.
Plaintiff No.
Aggrieved by the decree of the learned Assistant Judge, Sangli, the defendants filed a second appeal before the High Court of Bombay in S.A. No.
Accordingly an appropriate preliminary decree was drawn up under Order XXXIV, Rule 7 of the Code of Civil Procedure.
2 had, however, been given in adoption to Santu.
PKA 1056 IV L dated May 3, 1957 and in G.R.R.D. No.
Dnyanu Krishna Mhoprekar, one of the mortgagees, died in or about the year 1953 leaving behind him Jayasingh Dnyanu Mhoprekar, Defendant No.
The mortgagees were entitled to appropriate the income from the mortgaged property towards interest.
45 Rs.
1 Jayasingh , Ananda Defendant No.2 and Pandu Krishna brother of Dnyanu by the Government after receiving the occupancy price amounting to Rs.364.81 on February 5, 1964 the right of the mortgagors and or their legal representatives to redeem the mortgage had become extinguished and that the grantees of the land had become absolute owners of the suit lands.
Defendant No.
Section 3 of the Act provided With effect from and on the appointed day, number withstanding anything companytained in any law, usage, settlement, grant, sanad or order 1 all Paragana and Kulkarni watans shall be deemed to have been abolished 2 all rights to hold office and any liability to render service appertaining to the said watans are hereby extinguished 3 subject to the provisions of section 4, all watan land is hereby resumed and shall be deemed to be subject to the payment of land revenue under the provisions of the Code and the rules made thereunder as if it were an unalienated land Provided that such resumption shall number affect the validity of any alienation of such watan land made in accordance with the provisions of section 5 of the Watan Act or the rights of an alliance thereof or any person claiming under or through him 4 all incidents appertaining to the said watans are hereby extinguished.
2 and two other sons as his heirs.
The defendants and Pandu Krishna who were in possession of the entire extent of land companyered by the Survey Numbers also deposited the occupancy price claiming the whole land, that is, both the one half share of the plaintiffs which had been mortgaged by them and the other half share which Pandu Krishna had acquired from Ganu Vithu and Pandu Vithu the other branch of the plaintiffs family.
Under the Bombay Paragana and Kulkarni Watans Abolition Act, 1950 Bombay Act No.
From the Judgment and Order dated 3.3.1971 of the Bombay High Court in S.A. No.
In that appeal which was heard by the Assistant Judge, Sangli the decree of the Trial Court was reversed and a decree for redemption was passed.
37 of 1969.
In the written statement filed by the Defendant No.1 it was pleaded inter alia that since after the abolition of the Watans the mortgaged lands had been granted in favour of Dnyanu the father of defendant No.
Admittedly the lands in question were companyprised in a Paragana Watan.
This appeal by special leave is filed against the judgment and decree of the High Court.
2 mortgaging their share in the above lands with possession by way of security for a loan of Rs.1000 which they borrowed under the mortgage deed.
The plaintiffs instituted the suit for redemption in Regular Civil Suit No.
Under that decree the plaintiffs were directed to pay, in addition to the amount of Rs.1,000 borrowed under the mortgage deed a sum of Rs.182.41 which was equivalent to one half of the amount paid by defendant No.1 and others in order to obtain the grant from the Government.
50 of 1950 hereinafter referred to as the Act all the Paragana Watans were abolished.
278 of 1966.
The Second Appeal was dismissed on March 3, 1971 and the decree made by the first appellate companyrt was affirmed.
After the trial, the suit was dismissed by the Civil Judge.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
2 is the Karta of that branch of the family.
67 of 1965 on the file of the Civil Judge, Junior Division, Islampur out of which this appeal arises after an abortive attempt to redeem the mortgage in a proceeding under section 83 of the Transfer of Property Act, 1882 in Miscellaneous Application No.44 of 1963.
2760 III 48810 L dated November 23, 1960 which directed that wherever the holder or the watandar had failed to pay the occupancy price as required by section 4 1 of the Act before the prescribed period the lands in question should be granted in favour of the permanent Mirasi tenants who were in actual possession of such lands.
1599 N of 1971.
1 as his heir and the Karta of his joint family, Bandu Babaji Patil, one of the mortgagors, referred to above, died in the year 1955 leaving behind him his son plaintiff No.
Aggrieved by the decree of the Trial Court, the plaintiffs preferred an appeal before the District Court, Sangli in Civil Appeal No.
The remaining one half share in the lands companyprised in the above Survey Numbers belonged to Ganu Vithu and Pandu Vithu who were members of the other branch of the family of the mortgagors.
Thus the family of the defendants was in possession of both the shares in the lands bearing Survey Nos.
The suit was resisted by the defendants.
H. Parekh, C.S. Singh and Miss Indu Malhotra for the Appellants.
Under the first proviso to sub section 1 of section 4 the occupancy price payable was fixed at six times the amount of the full assessment of such land in certain cases.
They had also mortgaged their share in favour of one Pandu Krishna who was numberother than the brother of Dnyanu and the father of Ananda Santu Mhoprekar Defendant No.
Krishna Babaji Patil Plaintiff No.1 and his brother Bandu Babaji Patil were holding a half share in the lands bearing Survey Nos.
The mortgage was for five years.
In those proceedings the plaintiffs who were permanent Mirasi tenants of the half share in the lands companyered by the Survey Numbers in question deposited in the Government Treasury on July 29, 1963 as per challan Ex.
Subsequently Ganu Vithu and Pandu Vithu sold their share in favour of the mortgage Pandu Krishna.
221/1, 222/2, 226/8 and 226/12.
37 of 1969.
221/1,222/2,226/8 and 226/12 in all measuring 22 Acres and 13 Gunthas situated at Mouje Shirsi, Peta Shirola, District Sangli as permanent Mirasi tenants and were in actual possession of their share in the said lands.
The Judgment of the Court was delivered by VENKATARAMIAH, J. This appeal by special leave arises out of a suit for redemption.
A. Bobde,A.G. Ratnaparkhi and Miss A. Chauhan for the Respondents.
On May 20, 1947 Krishna Babaji Patil Plaintiff No.
1 and Bandu Badaji Patil executed a mortgage deed in favour of two persons by name Dnyanu Krishna Mhoprekar and Ananda Santu Mhoprekar Defendant No.
The lands in question were Paragana Watan Inam lands and the Watandars belonged to the family of Kokrudkar Deshmukhs.
Section 4 of the Act provided that a watan land resumed under the provisions of the Act should subject to the provisions of section 4A thereof 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 the full assessment of such land within five years from the date of the companying into force of the Act and the holder should be deemed to be an occupant within the meaning of the Bombay Land Revenue Code, 1879 in respect of such land and would primarily be liable to pay land revenue to the State Government in accordance with the provisions of the said Code and the rules made thereunder.
