BHAGWANTRAO versus VISHWASRAO AND ANOTHER

BHAGWANTRAO versus VISHWASRAO AND ANOTHER

The 'patelki inam' lands were grants of remuneration for service as patel to be enjoyed by the office holder only; the appellant, not having performed the office, had no right to possession; Government could lawfully resume and regrant the lands to the working patel as per law.

Source-derived case information.

Parties
Appellant: Bhagwantrao Shivaji Patel; Respondent No. 1: Vishwasrao Patel; Respondent No. 2: State of Bombay (formerly Provincial Government of Central Provinces and Berar)
Jurisdiction
India
Judgment Date
12 January 1960
Procedural Posture
Civil Appeal / Supreme Court Appeal on Certificate Under Article 133(1)(c) of the Constitution From Nagpur High Court Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Resumption of Land Grants, Nature of Service Inams, Emoluments of Office, Patelki Huq Inam, Powers of Revenue Authorities
Property Law Revenue Law Constitutional Law Resumption of Land Grants Nature of Service Inams Emoluments of Office Patelki Huq Inam Powers of Revenue Authorities

Source-derived case record

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Parties

Bhagwantrao Shivaji Patel

Appellant

Vishwasrao Patel

Respondent No. 1

State of Bombay (formerly Provincial Government of Central Provinces and Berar)

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Appeal on Certificate Under Article 133(1)(c) of the Constitution From Nagpur High Court Judgment

Legal Issues

  1. 1 Whether 'patelki huq inam' lands are grants of remuneration for patelki service or grants to the patelki family burdened with service
  2. 2 Whether members of the patelki family have a right to share in 'patelki inam' lands irrespective of service
  3. 3 Whether Government had authority to resume and regrant the patelki inam lands to the working patel

Ratio Decidendi

The 'patelki inam' lands were grants of remuneration for service as patel to be enjoyed by the office holder only; the appellant, not having performed the office, had no right to possession; Government could lawfully resume and regrant the lands to the working patel as per law.

Court Disposition

Appeal dismissed with costs.

Orders

  • Government’s orders of resumption and regrant affirmed
  • Appellant’s claim over patelki inam lands (including alternative and adverse possession claims) rejected