Supreme Court of India · 1962-04-19
VITHAL YESHWANT JATHAR vs SHIKANDARKHAN MAKHTUMKHANSARDESAI
- Citation / case number
- SC 1957/60179
- Court
- Supreme Court of India
- Petitioner
- VITHAL YESHWANT JATHAR
- Respondent
- SHIKANDARKHAN MAKHTUMKHANSARDESAI
- Bench
- GUPTA, K.C. DAS
Judgment text excerpt
The Supreme Court ruled that under the Bombay Hereditary Offices Act, 1874, specifically sections 5 and 9, a Watandar is not entitled to enhance the rent of watan lands once a permanent lease has been established. The Court held that the Watandar's entitlement is limited to the capitalized value of the rent as compensation when lands are compulsorily acquired. The Collector's prior refusal to declare the lease null and void meant he lacked jurisdiction to impose additional rent, and the Government's order merely revised the existing rent without nullifying the lease.