NARAYAN BHONDOO PIMPUTKAR & ANOTHER versus LAXMAN PURSHOTTAM PIMPUTKAR & ORS.

NARAYAN BHONDOO PIMPUTKAR & ANOTHER versus LAXMAN PURSHOTTAM PIMPUTKAR & ORS.

The abolition of patel watans and incidents appertaining to them under section 4 of the Act does not render a decree for possession of watan land inexecutable; section 6 allows regrant of such land to the watandar and does not sever all his rights to possession, provided conditions are fulfilled.

Parties
Appellants: Nara Yan Bhondoo Pimputkar & Another; Respondent No. 1: Laxman Purshottam Pimputkar; Respondent No. 2: Respondent No. 2; Respondents: Respondents Nos. 3a to 3d
Jurisdiction
India
Judgment Date
30 October 1973
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated February 3, 1971 of the Gujarat High Court at Ahmedabad in Second Appeal No. 639 of 1968
Outcome
Appeal dismissed with costs.
Legal Topics
Abolition of Watans, Executability of Decrees, Watan Land Regrant, Interpretation of Gujarat Patel Watans Abolition Act, 1961
Property Law Land Reforms Abolition of Watans Executability of Decrees Watan Land Regrant Interpretation of Gujarat Patel Watans Abolition Act, 1961

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Parties

Nara Yan Bhondoo Pimputkar & Another

Appellants

Laxman Purshottam Pimputkar

Respondent No. 1

Respondent No. 2

Respondent No. 2

Respondents Nos. 3a to 3d

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated February 3, 1971 of the Gujarat High Court at Ahmedabad in Second Appeal No. 639 of 1968

Legal Issues

  1. 1 Whether a decree for possession of watan land obtained by a watandar becomes inexecutable by virtue of the Gujarat Patel Watans Abolition Act, 1961.

Ratio Decidendi

The abolition of patel watans and incidents appertaining to them under section 4 of the Act does not render a decree for possession of watan land inexecutable; section 6 allows regrant of such land to the watandar and does not sever all his rights to possession, provided conditions are fulfilled.

Court Disposition

Appeal dismissed with costs.

Orders

  • Decree for possession in favour of respondent upheld and executable.