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april 1962

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.

VITHAL YESHWANT JATHAR vs SHIKANDARKHAN MAKHTUMKHANSARDESAI · Niyam