The Mamlatdars Courts Act, 1906

The Mamlatdars' Courts Act, 1906 GOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT Bombay Act No. II of 1906 The Mamlatdars' Courts Act, 1906 ( As modified upto the 31st December, 2005) 1 of 17 The Mamlatdars' Courts Act, 1906 THE MAMLATDARS' COURTS ACT, 1906. CONTENTS. PREAMBLE. SECTIONS. 1. Short title. Local extent. 2. Repeal of Bom. Act III of 1876. 3. Interpretation. 4. Power to appoint Joint Mamlatdar. Power of Mamlatdar to transfer suits to the Joint Mamlatdar. Delegation of powers to Commissioner. 5. Powers of Mamlatdars' Courts. Power to issue injunction. Suits to be filed within six months. Cause of action. 6. Power of Collector to transfer suits. 7. Suits commenced by plaint. Contents of plaint. 8. Informal petitions to be treated as plaints. 9. Examination of plaintiff on oath. 10. Plaint to be subscribed and verified. 11. Endorsement by Mamlatdar. Procedure where plaintiff cannot write. 12. Rejection of plaint. 13. Return of plaint. 14. Procedure where plaint admissible. 15. Attendance of Witnesses. 16. Where plaintiff makes default, plaint to be rejected with costs. Where defendant does not appear, case to be heard ex parte . But case may be reheard on sufficient cause being shown or plaintiff may withdraw his suit. 17. When proceedings may be adjourned. 18. Minor may be a party. Power to add parties. Procedure in case of death of party. 19. Points to be decided by Mamlatdar at hearing. 2 of 17 The Mamlatdars' Courts Act, 1906 SECTIONS. Power of Mamlatdar to examine other witnesses and inspect property in dispute. Record of proceedings by Mamlatdar. Orders to be passed by Mamlatdar upon decisions in favour of plaintiff and defendant. 20. Mamlatdar's order to be endorsed on plaint and read out in open Court. 21. Mamlatdar's decision how executed. Proviso as to growing crops. Mode of serving injunction. Recovery of costs awarded. Disobedience to an injuction how punishable. 22. Possession to be given without prejudice to rights of parties. 23. Bar of appeal. Collector's power to revise Mamalatdar's proceedings. Delegation of Collector's powers. Collector deemed to be a Court. 24. [Omitted. ] 25. Punishment for verification of false plaint. 26. Bar of certain suits. 27. Repeals and savings. SCHEDULE A. SCHEDULE B. SCHEDULE BB. SCHEDULE C. 3 of 17 The Mamlatdars' Courts Act, 1906 BOMBAY ACT NO. II OF 19061 [THE MAMLATDARS' COURTS ACT, 1906] [29th October, 1906] Amended by Bom. 7 of 1926 (when notified). Amended by Bom. 11 of 1928. Adapted and modified by the Adaptation of India Laws Order in Council. ∗Amended by Bom. 24 of 1942. Adapted and modifided by the Adaption of Laws Order, 1950. Amended by Bom. 66 of 1954. Adapted and modified by the Bombay Adaptation of Laws (State and (Bon-current Subjects) Order, 1956. Amended by Bom. 4 of 1958. Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. Amended by Guj. 15 of 1964. An Act to consolidate and amend the law relating to the powers and procedure of Mamlatdars' Courts. WHEREAS it is expedient to consolidate and amend the law relating to the powers Preamble. and procedure of Mamlatdars' Courts; It is hereby enacted as follows :- 1. (1) This Act may be called the Mamlatdars' Courts Act, 1906. Short title. 2[(2) It shall extend to the whole of the 3[State of Gujarat.]. (3) In that part of the 4[State of Bombay] to which it is extended by the Commencement in rest of State. Mamlatdars' Courts (Extension) Act, 1957, it shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.] 2. The Mamlatdars' Courts Act, 1876, is hereby repealed. Repeal of Bom. Act III of 1876. Bom. IV of 1958. 3. In this Act. unless there is anything repugnant in the subject or context. Interpretation. 5[ * * * * ] (a) the word "Mamlatdar" shall include any Revenue-officer exercising for the time being the powers 6[of a Mamlatdar, 7[or of a Mahalkari] and any other person who may be specially authorised by the 8[ 9[State] Government] to exercise the powers of a Mamlatdar under this Act; and (b) the words "plaintiff" and "defendant" shall include (i) a pleader duly appointed to act on behalf of such plaintiff or defendant, and (ii) the recognised agent of a plaintiff or defendant as defined in section 37 of the 10Code of Civil Procedure. 4. (1) The 8[9[State] Government] may, by notification in the 11[Offical Gazette], appoint in any taluka a Joint Mamlatdar under this Act who shall be invested with co-extensive powers and a concurrent jurisdiction with the Mamlatdar, except that he shall dispose of such suits only as he may receive from the Mamlatdar. (2) The Mamlatdar is hereby empowered to transfer to the Joint Mamlatdar Power of Mamlatdar for disposal any suit under this Act the plaint in which has been presented to to transfer suits to the Joint Mamlatdar. the Mamlatdar under section 7, and to re-transfer to his own file any such suits, of which the Joint Mamlatdar is, owing to death, sickness or any other cause unable to dispose. (3) The 12[ 13[State] Government] may delegate 15[its] powers under sub- Delegation of powers section (1) to 16[any officer not below the rank of Collector]. 14[* * *], 4 of 17 The Mamlatdars' Courts Act, 1906 Powers of Mamlardars 5. (1) Every Mamlatdar shall preside over a Court, which shall be called Courts. a Mamlatdar's Court, and which shall, subject to the provisions of sections 6 and 26, have power, within such territorial limits as may from time to time be 17[fixed by the State Government,- (a) to remove or cause to be removed any impediment, erected otherwise than under due authority of law, to the natural flow in a defined channel or otherwise of any surface water naturally rising in or falling on any land used for agriculture, grazing, trees or crops, on to any adjacent land, where such impediment causes or is likely to cause damage to the land used for such purpose or to any such grazing, trees or crops thereon;] (b) to give immediate possession of any lands or premises used for agriculture or grazing, or trees, or crops, or fisheries, or to restore the use of water from any well, tank, canal or water-course, whether natural or artificial used for agricultural purposes to any person who has been dispossessed or deprived thereof otherwise than by due course of law, or who has become entitled to the possession or restoration thereof by reason of the determination of any tenancy or other right of any other person, not being a person who has been a former owner or part-owner, within a period of twelve years before the institution of the suit of the property or use claimed, or who is the legal representative of such fromer owner or part- owner: Provided that, if in any case the Mamlatdar considers it inequitable or unduly harsh 18[ to remove or cause to be removed any such impediment or], to give possession of any such property or to restore any such use to a person who has become entitled thereto merely by reason of the determination of any such tenancy or other right, or if it appears to him that such case can be more suitably dealt with by a Civil Court, he may in his discretion refuse to exercise the power aforesaid, but shall record in writing his reasons for such refusal. (2) The said Court shall also, subject to the same provisions, have power Power to issue within the said limits, 19[where any impediment referred to in sub-section (1) injunction. is erected, or an attempt has been made to erect it, or], when any person is otherwise then by due course of law disturbed or obstructed, or when an attempt has been made so to disturb or obstruct any person, in the possession of any lands or premises used for agriculture or grazing or trees, or crops, or fisheries, or in the use of water from any well, tank, canal or water-course, whether natural or artificial, used for agricultural purposes, or in the use of roads or customary ways thereto, to issue an injunction to the person 20[erecting or who has attmepted to erect such impendiment, or] causing, or who has attempted to cause, such disturbance or obstruction, requiring him to refrain 21[from erecting or attempting to erect any such impediment or], from causing or attempting to cause any further such disturbance or obstruction. (3) No suit shall be entertained by a Mamlatdar's Court unless it is brought Suits to be filed within six months within six months from the date on which the cause of action arose. Cause of action. (4) The cause of action shall be deemed to have arisen on the date OH which the 22[impediment to the natural flow of surface warter or the] dispossession deprivation or determination, of tenancy or other right occurred, or on which the 23[impediment,] disturbance or obstruction, or the attempted 24[impediment or] disturbance or obstruction, first commenced. Explanation.-The exercise by a joint owner of any right which he has over the joint property is not a dispossession, or disturbance of possession of the other joint owner or owners within the meaning of this section. 5 of 17 The Mamlatdars' Courts Act, 1906 Illustration I A lets B his filed to cultivate for a specifice period of one or more years. B refuses to resign possession after the expiration of that period. A can use for possession in the Mamlatdar's Court at any time within 6 months from the date of the expiration of the said period, unless B is a person who has been a former owner or part-owner within a period of twelve years before the institution of the suit of the property, or who is the legal representative of such former owner or part-owner. Illustration II B is a yearly tenant of A, who gives him a notice to vacate, as he is bound to do 25[in accordance with the law relating to the termination of an annual tenancy] before the end of the then current year of tenancy. At the commencement of the next year B refuses to vacate. A can sue B in the Mamlatdar's Court at any time within six months from the commencement of that year, unless B is a person who has been a former owner or part-owner within a period of twelve years before the institution of the suit of the property, or who is the legal representative of such former owner or partowner. Illustration III A allows B the use of water from his well, or from his water-course, for a specific period, at the expiration of which B continues to take water from the well or water-course without A's consent. A may sue B in the Mamlat-dar's Court at any time within six months from the expiration of the said period to obtain an injunction to stop B from taking the water, unless B is a person who has been a fromer owner or part-owner within a period of twelve years before the institution of the suit of the use of the water, or who is the legal representative of such former owner or part-owner. Illustration IV A and B hold lands adjacent to a or , or, similar artificial water-course which has hither to been exclusively used by B. A draws water therefrom. B may sue in the Mamlatdar's Court, at any time within six months from the date on which A commences to take the water, for an injunction to prevent A from so doing. 6. The Collector may after due notice to the parties, by order in writing transfer any Power of suit from any Mamlatdar's Court in his district to any other Mam- latdar's Court in his Collector to district, and the Mamlatdar's Court to which the suit is so transferred shall thereupon transfer suits. exercise jurisdiction in such suit; but any order issued to village-officers under section 21 shall be issued by the Mamlatdar to whom such village-officers are subordinate. 7. All suits under this Act shall be Commenced by a plaint, which shall be presented Suits commenced to the Mamlatdar in open Court by the plaintiff, and which shall contain the following by plaint. particulars :- (a) the name age, religion, caste, profession and place of abode of the Contents of plaint. plaintiff. (b) the name, age, religion, caste, profession and place of abode of the defendant; 26[ (bb) the nature and situation of the impediment errected and the situation of the lands which are adjacent to each other, and the nature of the relief sought;] (c) the nature and situation of the property of which possession for use if sought, or the nature of the injunction to be granted, as the case may be; (d) the date on which the cause of action arose: (e) the circumstances out of which the cause of action arose; and (f) a list of the plaintiff's documents, if any, and of his witnesses, if any, showing what evidence is required from each witness, and whether such witnesses are to be summoned to attend, or whether the plaintiff will produce 6 of 17 The Mamlatdars' Courts Act, 1906 them on the day and at the place to be fixed under section 14. Informal 8. Where a petition not in the form of a plaint is presented to the Mamlatdar and the petitions to subject matter thereof appears to fall within the scope of section 5, the Mamlatdar be treated as plaints. shall explain to the person presenting the petition the nature of the reliefs afforded by this Act and shall inquire whether the petitioner desires to obtain relief thereby. If the petitioner expresses a desire so to obtain relief, the Mamlatdar shall endorse the desire on the petition which shall thereupon be deemed to be a plaint presented under section 7. Examination 9. Where the plaint does not contain the particulars specified in section 7 or is of plaintiff on oath. unnecessarily prolix, the Mamlatdar shall forthwith examine the plaintiff upon oath and ascertain from him such of the particulars specified in section 7 as are not clearly and correctly stated in the plaint and shall reduce the exa mination to writing in the form of an endoresment on or annexure to the plaint which shall thereupon be deemed to be part of the plaint. Where the plaintiff requires time to obtain any of the particulars specified in section 7, the Mamlatdar shall grant him such time as may under all the circumstances appear reasonable. 10. When the plaint is presented and has, if necessary, been treated in the manner Plaint to be subscribed and specified in section 9, the Mamlatdar shall require the plaintiff to subscribe and verify verfied. the plaint in his presence, in open Court in the manner following, or to the like effect :- "I. A. B., the plaintiff, do declare that what is stated in this plaint is true to the best of my information and belief." Endorsement by 11. (1) The Mamlatdar shall endorse the plaint to the effect that it was duly the Mamlatdar subscribed and verified. (2) Where the plaintiff cannot write, the verification may be written for him Procedure where in open Court and he shall affix his mark to his name in token of the plainttif cannot write. authenticity of the verification and the Mamlatdar shall, in such case record that the verification was made in his presence at the request of the plaintiff. and that his mark was so affixed. Rejection of plaint. 12. The Mamlatdar shall reject the plaint— (a) where the plaintiff declines to make a statement on oath under section 9; or (b) where the plaintiff is willing to make or has made a statement on oath under section 9, but fails to furnish the particulars specified in section 7 within the time fixed under section 9 or altogether; or (c) where it appears upon the face of the plaint, (i) that the property or use claimed is not one of the kind specified in section 5; or (ii) that the cause of action arose more than six months before the plaint was presented; or (d) where the plaintiff declines to subscribe or verify the plaint as required by sections 10 and 11. Return of Plaint. 13. Where it appears to the Mamlatdar that the subject of the plaint is not within his jurisdiction, he shall, return the plaint to be presented in the proper Court. Procedure where 14. (1) Where a plaint is admissible, the Mamlatdar shall receive and file it. He plaint admissible. shall then fix a convenient day and place for the trial of the case, and shall issue, at the expense of the plaintiff, notice in the form of Schedule A to the defendant. He shall then require the plaintiff to appear with his documents, if any, and witnesses, if any, on the day and at the place fixed. (2) The date to be fixed for the trial of the case shall not be earlier then ten 7 of 17 The Mamlatdars' Courts Act, 1906 days, nor later than fifteen days, from the day on which the notice is issued, except for sufficient reason to be recorded in writing by the Mamlatdar with his own hand. (3) The place to be fixed for the trial of the case may be in the Mamlatdar's office or at or near the scene of dispute, or at any other spot that the Mamlatdar considers convenient to the parties. 15. (1) Where either party requires any witness to be summoned to appear on the Attendance of witnesses. day and at the place fixed, the Mamlatdar shall issue a summons for that purpose. (2) The Mamlatdar may issue after recording his reasons in writing, a warrant for the arrest of any such witness if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure. (3) The payment of the cost incurred in thus procuring the attendance of witnesses shall be regulated in accordance with the rules that may from time to time be in force in regard to the attendance of witnesses in Subordinate Civil Courts. 16. (1) Where the plaintiff fails to attend, or to produce his documents, if any, or Where plain tiff makes default, to adopt measures to procure the attendance of his witnesses, if any, on the plaint to be day and at the place fixed, the Mamlatdar shall reject the plaint with costs, rejected with costs. whether the defendant appears or not, unless the defendant admits the claim. (2) Where the plaintiff attends as required by section 14, sub-section (1), but Where, defendant does not appear, the defendant fails to attend and the Mamlatdar is satisfied from the evidence case to be heard before him that the notice has been duly served on the defendant and in ex-parte. sufficient time to enable the defendant to appear and answer on the day fixed in the notice, he shall proceed to hear and decide the plaint ex-parte : Provided, firstly, that if either party satisfies the Mamlatdar at any But case may be time within theirty days from the date of the rejection of a plaint under sub- reheard on sufficient cause section (1), or of and ex-parte decision under sub-section (2), that he was being shown. prevented by some un avoidable circumstance from attending, or from producing his documents or from adopting measures to procure the attendance of his witnesses, as the case may be, it shall be lawful for the Mamlatdar to issue a notice in the form of Schedule B at the expense of the applicant to the opposite party and, if still satisfied after hearing the opposite party that the applicant was prevented as alleged, to re-hear the case at such time and place as he may then fix : Provided, secondly, that nothing in the foregoing provisions shall Or plaintiff may prevent the plantiff from withdrawing his suit on payment of the defendant's withdraw his suit. costs. 17. (1) Where, in the case mentioned in sub-section (2) of section 16, the When proceedings may Mamlatdar is not satisfied from the evidence before him that the notice has be adjourned. been duly served on the defendant, and in sufficient time to enable the defendant to appear and answer on the day fixed in the notice, he shall adjourn the trial of the case and issue a fresh notice under section 14, sub- section (1) to the defendant. (2) Where any witness who has been duly summoned, or for whose arrest a warrant has been issued under sub-section (2) of section 15, fails to attend on the day and at the place fixed, the Mamlatdar may, if he considers there is sufficient reason, after taking the evidence of those present, adjourn the hearing of the suit from time to time till the attendance of such witness can be enforced. (3) The Mamlatdar may, for any other sufficient reason to be recorded in writing, adjourn the trial of the case for such time as he thinks fit, but not ordinarilly exceeding ten days. 8 of 17 The Mamlatdars' Courts Act, 1906 (4) The provisions of sections 15 and 16 shall apply in respect of any day to which the trial of the case may be adjourned under this section, as if such day were the day originally fixed for the trial. 18. (1) A minor may sue or be sued, if he is represented by a natural or duly Minor may be a party. appointed guardian. Power to add (2) The Mamlatdar may, at any stage of the proceddings order that the name parties. of any person to whom possession or enjoyment of the property or use claimed, or of any part thereof, may have been transferred, or the addition of whom as a party appears necessary in order to enable the Court, effectually and completely to adjudicate upon the issues, be added as a plaintiff or defendant, as the circumstances of the case may require : Provided that no person shall be added as a plaintiff without his consent : Provided also that in respect of any person so added, not being a transferee pending the suit, the suit shall for the purposes of section 5, sub- section (3), be deemed to have been instituted on the day when his name was so added. Procedure in case (3) In case of the death of any party, while the suit is pending, of death of Party. (i) if application is made within one month of such death, the Mamlatdar shall determine summarily who is the legal representative of the deceased party and shall enter on the record the name of such representative; (ii) if no such application is made, the suit shall abate. (4) where the Mamlatdar orders the name of any person to be added as a defendant or enters on the record the name of any person as the legal representative of a deceased defendant, the Mamlatdar shall issue to such person a notice as provided in section 14; and the trial shall proceed on the date fixed in such notice. Points to be decided 19. (1) On the day fixed, or on any day to which the proceedings may have been by Mamlatdar. at adjourned, the Mamlatdar shall, subject to the provisions of section 16, hearing. proceed to hear all the evidence that is then and there before him 27[and to try the following issues, namely:- (aa) If the plaintiff avers that the natural flow of surface water from his land has been impeded by any erection raised by the defendant causing damage or likelihood of damage to the plaintiff's land or to any grazing, trees or crops thereon- (1) whether surface water flowed, in a defined channel or otherwise naturally from plantiff's land on to defendant's land: (2) whether the defendant erected any impediment to such flow. otherwise than under due authority of law; (3) whether such erection impeded such natural flow of water within six months before the suit was filed; (4) whether such impediment has caused or is likely to cause damage to plaintiff's land or to any grazing, trees or crops thereon:] (a) If the plaintiff avers that he has been unlawfully disposed of any property or deprived of any use- (1) whether the plaintiff or any person on his behalf or through whom he claims was in possesstion or enjoyment of the property or use claimed up to any time within six months before the suit was filed ; 9 of 17 The Mamlatdars' Courts Act, 1906 (2) whether the defendant is in possession at the time of the suit and, if so, whether he obtained possession otherwise than by due course of law; (b) if the plaintiff avers that he is entitled to possesstion of any property or restoration of any use by reason of the determination of any tenure or other right of the defendant in respect thereof- (1) whether the defendant is in possession of the property or in the enjoyment of the use by a right derived from the plaintiff or from any person through whom he claims; (2) whether such right has determined at any time within six months before the suit was filed; (3) whether the defendant is other than a person who has been a former owner or part-owner within a period of twelve years before the institution of the suit of the property or use claimed, and other than the legal representative of such former owner or part-owner; (c) If the plaintiff avers that he is till in possession of the property or in the enjoyment of the use, but that the defendant disturbs or obstructs, or has attempted to disturb or obstruct, him in his possession or use — (1) whether the plaintiff or any person in his behalf is actually in possession or enjoyment of the property or use claimed; (2) whether the defendant is distrubing or, obstructing, or has attempted to disturb or obstruct, him in such possession or enjoyment; (3) whether such disturbance or obstruction, or such attempted disturbance or obstruction, first commenced within six months before the suit was filed. (2) The Mamlatdar may, after due notice to and in the presence of, the parties, Power of summon and examine as a witness any person who has not been summoned Mamlatdar to examine other or produced, and may call for and cause to be proved any documemt which witnesses and has not been applied for or produced, by either of the parties, where he inspect property in disputes. considers it expedient in the interests of justice so to do, and may, if he thinks fit, make a personal inspection of the property in dispute in the presence of, or after due notice to, the parties. 28[He shall without unnecessary delay record a memorandum after hearing the parties on the spot if present, of any relevant facts observed at such inspection. The memorandum shall form part of the record of the case.] (3) The Mamlatdar shall with his own hand make or sign a memorandum of the Record of proceedings by substance of the evidence of each witness as the examination of the witness proceeds, Mamlatdar. and briefly record his reasons for his finding. (4) Where the Mamlatdar's finding upon the issues is in favour of the plain tiff, he Orders to be passed shall make such order, not being in excess of the powers vested in him by section 5, by Mamlatdar upon decisions in favour of as the circumstances of the case appear to him to require; and where his finding is in paintiff and favour of the defendant, he shall dismiss the suit. In either case the costs of the suit, defendant. including the costs of execution, shall follow the decision. 20. Every order of the Mamlatdar, whether for rejecting or returning a plaint or Mamlatdar's order to be endorsed on wether for allowing or disallowing a claim, shall be endorsed by the Mamlatdar on plaint and read out the plaint and shall be read out by him in open Court, either at once or on some future in open Court. day of which due notice shall be given to the parties or their pleaders, and brief reasons for the order shall be placed by him on record. 10 of 17 The Mamlatdars' Courts Act, 1906 Mamlatdars 21. (1) Where the Mamlatdar's decision is for 29[removal of an impedi ment or for decision how ] awarding possession or restoring a use, he shall give effect thereto by executed. issuing such orders to the village-officers, or to any subordinate under his control or otherwise as he thinks fit : Proviso as Provided that, notwithstanding anything contained in this Act, where to growing at the time when a decision is recorded by the Mamlatdar for 30[ removal of crops. the impediment arected on any land or for ] awarding possession of any land there is a crop on such land which has been sown by, or at the expense of, the defendant, and the Mamlatdar it satisfied that is has been so sown in good faith, the Mamlatdar may, and if the defendant makes an application for the purpose and furnishes sufficient security, or deposits in Court a sufficient sum, for the payment of the costs of the suit, shall pass an order staying delivery of possession of such land to the plaintiff seeking possession thereof, either— (a) until the plaintiff agrees to take the crop at a valuation, to be made under the orders of the Mamlatdar, according to the value of the crop at such time, including any instalments of the Government assessment which the defendant may have paid for the current year ; or (b) where the plaintiff is unwilling to take the crop at such valuation until after the expiration of sufficient time for the crop to be gathered by the defendant. The amount of any valuation made under clause (a) of the proviso to this sub-section shall be paid to the defendant through the Mamlatdar, and shall be recoverable from the plaintiff as an arrear of land-revenue. (2) Where the Mamlatdar's decision is for granting an injunction, he shall Mode of serving cause the same to be 31[prepared in the form of Scheduled BB or C, as the injunction. case may be], and shall deliver or tender the same then and there to the defendant, if present, or if the defendant is not present, shall send it to the village-officers, or to any subordinate under his control, to be served upon the defendant. (3) Where the Mamlatdar awards costs, such costs, together with costs of Recovery of costs awarded. execution, shall be recoverable from the party ordered to by them as an arrear of land -revenue. Disobedience to an (4) Any person disobeying an injunction granted under sub-section (2) shall XLV of 1980 injunction how a be punishable under section 188 of the 32[Indian Penal Code.] punishable. 22. 33[Subject to the provisions of section 23 sub-section (2), the party in favour of Possession to be given without whom the Mamlatdar issues an order for removal of an impediment or the party to prejudice to rights of whom the Mamlatdar gives possession or restores a use, or in whose favour an parties. injuction is granted, shall continue to have the surface water upon his land flow unimpeded on to adjacent land or continue in possession or use, as the case may be, until otherwise decreed or ordered, or until outsted, by competent Civil Court]: Provided, firstly, that nothing in this section shall prevent the party against whom the Mamlatdar's decision is passed from recovering by a suit in a competent Civil Court mesne profits for the time he has been kept out of possession of any property or out of enjoyment of any use : Provided, secondly, that in any subsequent suit or other proceeding in any Civil Court between the same parties, or other persons claming under them the Mamlatdar's decision respecting the possession of any property or the enjoyment of any use or respecting the title to or valuation of any crop dealt with under the proviso to sub-section (1) of section 21, shall not be held to be conclusive. Bar of appeal. 23. "(1) There shall be no appeal from any order passed by a Mamlatdar under this Act. Collector's power to revise (2) But the Collector may call for and examine the record of any suit under Mamlatdar's this Act, and if he considers that any proceeding, finding or order in such suit proceedings. 11 of 17 The Mamlatdars' Courts Act, 1906 is illegal or improper, may, after due notice to the parties, pass such order thereon, not inconsistent with this Act, as he thinks fit. 34[(2A) The Collector may delegate the powers conferred on him by this Delegation of section to any 35[Assistant Collector 36[or Deputy Collector] subordinate to C po o w lle e c rs t . o r's him : (3) Where the Collector 37[Assistant Collector 38[or Deputy Collector]] takes Collector any proceedings under this Act he shall be deemed to be a Court under this deemed to be a Court. Act. 24. [Powers of the Court of the Judicial Commissioner of Sind.] Omitted by the Adaptation of Laws Order, 1950. 25. Any plaintiff subscribing and verifying any plaint under this Act which he either Punishment for XLV of 1860. verification of talse knows or belives to be false, or does not believe to be true, in any material point, plaint. shall be deemed to have committed an offence punishable under section 193 of the 39[Indian Penal Code]. 26. No suit shall lie under this Act- Bar of certain suits. (a) 40[against Government or against any Government officer] in respect of any act done or purporting to be done by any such officer in his official capacity, except where acting as a manager or guarding duly constituted under any law for the time being in force; or (b) in respect of 41[any removal of any impediment or of] any dispossession, V of 1898. recovery of possession or disturbance or possession, that has been the subject of previous proceedings, to which the plaintiff or his predecessor in interest was a party, under this Act, or in a Civil Court, or under Chapter XII of the Code of Criminal Procedure, 1898. Bom. IV of 1958. ∗ 42[27. On the commencement of this Act in that part of the State of Bombay to Sau. Ord., LII 1948. Repeals and Bom. II of 1906. which it is extended by the Mamlatdars' Courts (Extension) Act, 1957, the Saurashtra savings. Mamlatdars' Courts Ordinance, 1948, and the Mamlatdars' Courts Act, 1906, as modified and extended to the Kutch area of the State of Bombay, shall, from such commencement in that part, stand repealed : Provided that notwithstanding any such repeal, anything done or action taken (including any appointments made, any Mamlatdars' Courts constituted, territorial limits thereof fixed, orders made by such Courts, proceedings pending before such Courts or before the Collector or other authority, and delegations made by the Government or the Collector) by or under the provisions of the laws so repealed shall, in so far as such thing done or action taken is not inconsistent with the provisions of this Act, be deemed to be done, taken, appointed, constituted, fixed, pending or made under the provisions of this Act as if this Act had then been in force; and accordingly, all such proceedings pending before any such Court or Collector or other authority shall be continued and disposed of in accordance with the provisions of this Act.] 12 of 17 The Mamlatdars' Courts Act, 1906 SCHEDULE A. FORM OF NOTICE TO BE ISSUED TO THE DEFENDANT UNDER SECTION 14. Seal of the Court No. OF SUIT. In the Court of the Mamlatdar of Plaintiff; Defendant. To DEFENDANT-(name, age, religion, caste, profession and place of abode.) WHEREAS (here enter the name, age, religion, caste, profession and place of abode of the plaintiff) has instituted a suit in this Court against you (here state the particular of the plaint) : You are hereby summoned to appear in this Court at the Village of in person or by duly authorised agent on the day of at o'clock m., to answer the above-named plaintiff; and, as the plaint will be finally disposed of on that day, you must adopt measures to produce your documents and procure the attendance of your witnesses at the hour and place aobve fixed; and you are hereby required to take notice that, in default of such appearance at the before mentioned time and place, the suit will be heard and determined in the absence of yourself and your agent. Dated this day of 19 . (Signed) Mamlatdar. Note—If you require your witnesses to be summoned by the Court, you should be make an application to that effect to the Court without delay, so as to allow of the service of the summonses, a reasonable time before the within mentioned date. 13 of 17 The Mamlatdars' Courts Act, 1906 SCHEDULE B. FORM OF NOTICE TO BE ISSUED UNDER SECTION 16. Seal of the Court No. OF SUIT. In the Court of the Mamlatdar of Plaintiff; Defendant. To PLAINTIFF (or DEFENDANT, as the case may be). WHEREAS, in the suit above specified, instituted in this Court by the Court ordered on the day of last that , and the said plaintiff (or defendant, as the case may be), has, under date the day of , applied to this court to re-hear the case on the grounds that (here state the grounds): This is to give you notice that the said application will be heard and determined on the day of at o'clock m., at the village of , and you are hereby required to take notice that in default of your appearance personally or by agent at the said time and place, the application will be heard and determined in your absence and, if granted, a time and place for re-hearing the suit will then be fixed. Dated this day of 19 . (Signed) Mamlatdar. 14 of 17 The Mamlatdars' Courts Act, 1906 43[SCHEDULE BB. FORM OF INJUNCTION TO BE ISSUED UNDER SECTION 21, SUB-SECTION (2). Seal of th e Cour t No. OF SUIT. In the Court of the Mamlatdar of Plaintiff; Defendant. TO DEFENDANT, WHEREAS in the suit above specified, the Court has this day found that you have impeded (or that you have attempted to impede) the natural flow of surface water naturally rising in or falling on the plaintiff's undermentioned property by (here describe the property and the impediment erected, or attempted to be erected, found proved) ; You are hereby prohibited from erecting or attempting to erect any impedi- ment (if necessary set forth the particular kind of impediment which the defendant is enjoined not to erect) to the natural flow of surface water from the said plaintiff's said property on to your property otherwise than under authority of a competent Civil Court. Dated this day of 19 . (Signed) Mamlatdar. 15 of 17 The Mamlatdars' Courts Act, 1906 SCHEDULE-C. FORM OF INJUNCTION TO BE ISSUED UNDER SECTION 21, SUB-SECTION (2). Seal of th e Cour t No. OF SUIT. In the Court of the Mamlatdar of Plaintiff; Defendant. TO DEFENDANT, WHEREAS, in the suit above specified the Court has this day found that you have disturbed or obstructed (or that you have attempted to disturb or obstruct) the said plaintiff in this possession of the under -mentioned property (or enjoyment of the under-mentioned use of water or use of roads, or otherwise as the case may be) by (here describe the distrubance or obsturction or attempted disturbance or obstruction found proved): You are hereby prohibited from making any further attempt to disturb or obs- truct (if necessary set forth the particular kind of disturbance or obstruction which the defendant is enjoined not to repeat) the said plaintiff in this possession of the said property (or otherwise as the case may be) otherwise than in execution of the decree of a competent Civil Court. Dated this day of 19 . (Signed) Mamlatdar. --------------------------------- 1 For Statement of Objects and Reasons, see Bombay Government Gazette 1905, Pt. VII p. 520 for Report of Select Committee, see ibid., 1906 Pt. VII, P. 53, and 4 proceedings in Council, see ibid: 1908 Pt. VII p. 578: ibid. 1906 Pi. VII, pp. 31 and 189. ∗ This Act was repealed and Section 2 thereof was re-enacted by Bom. 42 to 1947, s. 2. 2 These sub-sections were substituted for the Original sub-section (2) by Bom. 4 of 1958, s. 3(1). 3 These words were substituted for the words "State of Bombay, except the City of Bombay," by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 4 These words stand unmodifided, by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 5 This clause was deleted, by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 6 These words were substituted for the words "of a Mamlatdar, of a Mukhtyarkar, or of a Mahalkari," by Bom. 4 of 1958, s. 3(2) (ii). 7 These words were subsituted for the words "of a Mahalkari or a Tahsildar or Naib Tahsildar" by the Gujarat Adapatation of Laws (State and Concencurrent Subjects) Order, 1960. 16 of 17 The Mamlatdars' Courts Act, 1906 8 The words "Provincial Government" were substitutted for the words "Governor in Council" by the Adaptation of Laws Order in Council. 9 This words was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 10 See now the Code of Civil Procedure, 1908 (Act 5 of 1908 ) 11 The words "Official Gazette" were substituted for the words "Bombay Government Gazette" by the Adapatation of Indian Laws Order in Council. 14 The words "to Commissioner" were deleted by Guj. 15 of 1964, s. 4 Sch. 12 The words "Provincial Government" were substituted for the words "Governor in Council" by the Adoptation of laws Order in Council. 13 This words was substituted for word "Provincial" by the Adaptation of laws Order, 1950. 15 The word "its" was substituted for the word "his" by the Adaptation of Indian Laws Order in Council. 16 These words were substituted for the words "the Commissioner" by Bom. 4 of 1958, s. 3(3). 17 These words, brackets and letters were substituted for the words "fixed by the State Government to give immediate possession" by Bom. 66 of 1954, s. 2(1) (i). 18 These words were inserted by Bom. 66 of 1954, s. 2(1) (ii). 19 These words, brackets and figures were inserted by Bom. 66 of 1954., s. 2(2)(a). 20 These words were inserted by Bom. 66 of 1954, s. 2(2) (b). 21 These words were inserte by Bom. 66 of 1954, s.2(2) (c). 22 These words were inserted by Bom. 66 of 1954, s. 2 (3) (a). 23 This word was inserted, by Bom. 66 of 1954, s. 2(3) (b). 24 These words were inserted, by Bom. 66 of 1954, s. 2(3) (c). 25 These words were substituted for the words and figures . beginning with the words and figures "under section 84" and ending with the words "three month" by Bom. 4 of 1958, s. 3(4). 26 This clause was inserted by Bom. 66 of 1954, s. 3. 27 These words, brackets, letters, figures and punctuation marks were substituted for the original by Bom. 66 of 1954, s. 4. 28 These words were added by Bom. 11 of 1928, s. 2, First Schedule. 29 These words were inserted by Bom. 66 of 1954, s. 5 (1) (a). 30 These words were inserted, by Bom. 66 of 1954, 95(1) (b). 31 These words and letters were substituted for the original by Bom. 66 of 1954, s. 5(2). 32 Central Act. 33 This portion was substituted for the original by Bom. 66 of 1954, s. 6. 34 This sub-section was inserted by Bom 24 of 1942, s. 2(a) read with Bom. 42 of 1947, s. 2. 35 These words were subtituted for the words "Assistant Collector or Deputy Collector" by Bom. 4 of 1958, s. 3(5). 36 These words were substituted for the words "Deputy Collctor or Assistant Commissioner" by Guj. 15 of 1964, s. 4., Sch. 37 These words were subsituted for the Words "Assistant Collector or Deputy Collector" by Bom. 4 of 1958, s. 3(5). 38 These words were substituted for the words "Deputy Collector or Assistant Commissioner". by Guj. 15 of 1964, s. 4. Sch. 39 Cenrtal Acts 40 These words were substituted for the words "against the Crown or against any servant of the Crown" by the Adaptation of Laws Orders, 1950. 41 These words were inserted by Bom. 66 of 1954, s. 7. ∗ This section stands unmodified by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 42 This section was inserted by Bom. 4 of 1958, s. 3(6). 43 Schedule BB was inserted by Bom. 66 of 1954. s. 8. 17 of 17