Mamlatdars' Courts Act, 1906
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Adv. Ibrahim DeshmukhMamlatdars' Courts Act, 1906
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Adv. Ibrahim DeshmukhMamlatdars' Courts; it is herby enacted as follows;-
1. Short title. - (1) This Act may be called the Mamlatdars' Courts Act, 1906,
[(2) It shall extend to the whole of the [State of Maharashtra], except the City of
Bombay.]
Commencement in rest of State.
[(3) In that part of the State of Bombay to which it is extended by the 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. Repeal of Bombay Act III of 1876. - The Mamlatdars' Courts Act, 1876, is hereby
repealed.
3. Interpretation. - In this Act, unless there is anything repugnant in the subject or
context,-
[(aa) "Collector" includes a Deputy Commissioner;]
(a) the word "Mamlatdar" shall include any Revenue-officer exercising for the time
being the powers [of a Mamlatdar, of a Mahalkari, or of a Tahsildar or Naib
Tahsildar,] and any other person who may be specially authorized by the [ [(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 recognized agent of a plaintiff or defendant as defined in section 37 of the
[Code of Civil Procedure.]
4. Power to appoint Joint Mamlatdar. - The [ [State] Government] may, by
notification in the [Official 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.
Power of Mamlatdar to transfer suits to the Joint Mamlatdar. - (2) The
Mamlatdar is hereby empowered to transfer to the Joint Mamlatdar for disposal any
suit under this Act the plaint in which has been presented to the Mamlatdar under
section 7, and to re-transfer to his own file any such suit, of which the Joint
Mamlatdar is, owing to death, sickness or any other cause unable to dispose.
Delegation of powers to Commissioner. - The [ [State] Government] may delegate
[its] powers under sub-section (1) to [any officer not below the rank of Collector].
5. Powers of Mamlatdars' Courts. - (1) Every Mamiatdar shall preside over a court,
which shall be called a Mamlatdars' 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 [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, 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 former owner or part-owner:
Provided that, if in any case the Mamlatdar considers it inequitable or unduly harsh
[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.
Power to issue injunction. - (2) The said Court shall also, subject to the same
provisions, have power within the said limits, [where any impediment referred to in
sub-section (1) is erected, or an attempt has been made to erect it, or], when any
person is otherwise than 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 [erecting or who has attempted to erect
such impediment, or] causing, or who has attempted to cause, such disturbance or
obstruction, requiring him to refrain [from erecting or attempting to erect any such
impediment or], from causing or attempting to cause any further such disturbance or
obstruction.
Suits to be filed within six months. - (3) No suit shall be entertained by a
Mamlatdar's Court unless it is brought 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 on which the [impediment to the natural flow of surface water or the]
dispossession, deprivation or determination, of tenancy or other right occurred, or on
which the [impediment,] disturbance or obstruction, or the attempted [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.
Illustration I.
A lets B his field to cultivate for a specific period of one or more years. B refuses to
resign possession after the expiration of that period. A can sue 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 [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
part-owner.
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 Mamlatdar'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 former 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 holds lands adjacent to a or similar artificial water-course which
has hitherto 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. Power of Collector to transfer suits. - The Collector may, after due notice to the
parties, by order in writing transfer any suit from any Mamlatdar's Court in his district
to any other Mamlatdar's Court in his district, and the Mamlatdar's Court to which the
suit is so transferred shall thereupon 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. Suits commenced by plaint. Contents of plaint. - All suits under this Act shall
be commenced by a plaint, which shall be presented to the Mamlatdar in open Court
by the plaintiff, and which shall contain the following particulars; -
(a) the name, age, religion, caste, profession and place of abode of the plaintiff;
(b) the name, age, religion, caste, profession and place of abode of the defendant;
[(bb) the nature and situation of the impediment erected 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 is 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 them on the day and at the
place to be fixed under section 14.
8. Informal petitions to be treated as plaints. - Where a petition not in the form of
a plaint is presented to the Mamlatdar and the subject matter thereof appears to fall
within the scope of section 5, the Mamlatdar shall explain to the person presenting
the petition the nature of the relief 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.
9. Examination of plaintiff on oath. - Where the plaint does not contain the
particulars specified in section 7 or is 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 examination to writing in the form of an endorsement 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. Plaint to be subscribed and verified. - When the plaint is presented, and has, if
necessary, been treated in the manner specified in section 9, the Mamlatdar shall
require the plaintiff to subscribe and verify 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."
11. Endorsement by Mamlatdar. - (1) The Mamlatdar shall endorse the plaint to the
effect that it was duly subscribed and verified.
Procedure where plaintiff cannot write. - (2) Where the plaintiff cannot write, the
verification may be written for him in open Court and he shall affix his mark to his
name in token of the 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.
12. Rejection of plaint. - 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.
13. Return of plaint. - 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.
14. Procedure where plaint admissible. - (1) Where a plaint is admissible, the
Mamlatdar shall receive and file it. He 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 than ten 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. Attendance of witnesses. - (1) Where either party requires any witness to be
summoned to appear on the 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 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. Where plaintiff makes default, plaint to be rejected with costs. - (1) Where
the plaintiff fails to attend, or to produce his documents, if any, or to adopt measures
to procedure the attendance of his witnesses, if any, on the day and at the place
fixed, the Mamlatdar shall reject the plaint with costs, whether the defendant appears
or not, unless the defendant admits the claim.
Where defendant does not appear, case to be heard ex-parte. - (2) Where the
plaintiff attends as required by section 14, sub-section (1), but the defendant fails to
attend, and the Mamlatdar is satisfied from the evidence before him that the notice
has 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 proceed to hear and
decide the plaint ex-parte:
But case may be reheard on sufficient cause being shown. - Provided, firstly,
that if either party satisfies the Mamlatdar at any time within thirty days from the date
of the rejection of a plant under sub-section (1), or of an ex-parte decision under sub-
section (2), that he was prevented by some unavoidable 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 L. 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;
or plaintiff may withdraw his suit. - Provided, secondly, that nothing in the
foregoing provisions shall prevent the plaintiff from withdrawing his suit on payment
of the defendant's costs.
17. When proceedings may be adjourned. - (1) Where, in the case mentioned in
sub-section (2) of section 16, the Mamlatdar is not satisfied from the evidence before
him that the notice has 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 ordinarily exceeding
ten days.
(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. Minor may be a party. - (1) A minor may sue or be sued, if he is represented by
a natural or duly appointed guardian.
Power to add parties. - (2) The Mamlatdar may, at any stage of the proceedings
order that the name 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 of death of party. - (3) In case of the death of any party, while
the suit is pending,-
(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 Marnlatdar shall issue to such person a notice as provided
in section 14; and the trial shall proceed on the date fixed in such notice.
19. Points to be decided by Mamlatdar at hearing. - (1) On the day fixed, or on
any day to which the proceedings may have been adjourned, the Mamlatdar shall,
subject to the provisions of section 16, proceed to hear all the evidence that is then
and there before him, [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
plaintiff'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 possession or enjoyment of the property or use claimed up to any time within six
months before the suit was filed;
(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 possession 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 still 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 disturbing 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.
Power of Mamlatdar to examine other witnesses and inspect property in
disputes. - (2) The Mamlatdar may, after due notice to, and in the presence of, the
parties summon and examine as a witness any person who has not been summoned
or produced, and may call for and cause to be proved any document which has not
been applied for or produced, by either of the parties, where he 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.
[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.]
Record of proceedings by Mamlatdar. - (3) The Mamlatdar shall with his own hand
make or sign a memorandum of the substance of the evidence of each witness as
the examination of the witness proceeds, and briefly record his reasons for his
finding.
Orders to be passed by Mamlatdar upon decisions in favour of plaintiff and
defendant. - (4) Where the Mamlatdar's finding upon the issues is in favour of the
plaintiff, he shall make such order, not being in excess of the powers vested in him
by section 5, as the circumstances of the case appear to him to require; and where
his finding is in favour of the defendant, he shall dismiss the suit. In either case the
costs of the suit, including the costs of execution, shall follow the decision.
20. Mamlatdar's order to be endorsed on plaint and read out in open Court. -
Every order of the Mamlatdar, whether for rejecting or returning a plaint or whether
for allowing or disallowing a claim, shall be endorsed by the Mamlatdar on the plaint
and shall be read out by him in open Court, either at once or on some future 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 or record.
21. Mamlatdar's decision how executed. - (1) Where the Mamlatdar's decision is
for [removal of an impediment or for] awarding possession or restoring a use, he
shall give effect thereto by issuing such orders to the village-Officers, or to any
subordinate under his control or otherwise, as he thinks fit;
Provisio as to growing crops.:- Provided that, notwithstanding anything contained
in this Act, where at the time when a decision is recorded by the Mamlatdar for
[removal of the impediment erected 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 is satisfied that it 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 subsection
shall be paid to the defendant through the Marnaltdar, and shall be recoverable from
the plaintiff as an arrear of land-revenue.
Mode of serving .injunction. - (2) Where the Mamlatdar's decision is for granting
an injunction, he shall cause the same to be [prepared in the form of Schedule BB or
C, as the 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.
Recovery of costs awarded.:- (3) Where the Mamlatdar awards costs, such costs,
together with the costs of execution, shall be recoverable from the party ordered to
pay them as an arrear of land revenue.
Disobedience to an injunction how punishable. - (4) Any person disobeying an
injunction granted under sub-section (2) shall be punishable under section 188 of the
[Indian Penal Code.]
22. Possession to be given without prejudice to rights to rights of parties. -
[Subject to the provisions of section 23, sub-section (2), the party in favour of whom
the Mamlatdar issues an order for removal of an impediment or the party to whom
the Mamlatdar gives possession or restores a use, or in whose favour an injunction
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 ousted, by a 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 claiming 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 subsection (1) of section 21, shall not be held to be conclusive.
23. Bar of Appeal. - (1) There shall be no appeal from any order passed by a
Mamlatdar under this Act.
Collector's power to revise Mamlatdar's proceedings. - (2) But the Collector may
call for and examine the record of any suit under this Act, and if he considers that
any proceeding, finding or order in such suit is illegal or improper, may, after due
notice to the parties, pass such order thereon, not inconsistent with this Act, as he
thinks fit.
Delegation to Collector's powers. - [(2A) The Collector may delegate the powers
conferred on him by this section to any [Assistant Collector, Deputy Collector or
Assistant Commissioner] subordinate to him;]
Collector deemed to be a Court. - (3) Where the Collector, [Assistant Collector,
Deputy Collector or Assistant Commissioner] takes any proceedings under this Act
he shall be deemed to be a Court under this Act.
24. [Powers of the Court of the Judicial Commissioner of Sind.] Omitted by the
Adaptation of Laws Order, 1950.
25. Punishment for verification of false plaint. - Any plaintiff subscribing and
verifying any plaint under this Act which he either knows or believes to be false, or
does not believe to be true, in any material point, shall be deemed to have
committed an offence punishable under section 193 of the [Indian Penal Code].
26. Bar of certain suits. - No suit shall lie under this Act-
(a) [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 guardian duly constituted under any law for the time
being in force; or
(b) in respect of [any removal of any impediment or of] any dispossession, recovery
of possession or disturbance of 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.
[27. Repeals and savings. - On the commencement of this Act in that part of the
State of Bombay to which it is extended by the Mamlatdar's Courts (Extension) Act,
1957, the Saurashtra Mamlatdar's 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.]
Schedule A
Form of Notice to be issued to the Defendant Under Section 14
No. of Suit
In the 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
particulars of the plaint):
You are hereby summoned to appear in this Court at the village of ___________ in
person or by duly authorized 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 above 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 _______________ 20___
(Signed)
Mamlatdar
Note :- If you require your witnesses to be summoned by the Court, you should
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.
Schedule B
Form of Notice to be issued Under Section 16
No. of Suit
In the 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-------------20
(Signed)
Mamlatdar.
[Schedule BB]
Form of Injunction to be issued Under Section 21, Sub-Section (2)
No. of Suit
In the 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 impediment (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 _____________ 20
(Signed)
Mamlatdar.
Schedule C
Form of Injunction to be issued Under Section 21, Sub-Section (2)
No. of Suit
In the 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
undermentioned use of water or use of roads, or otherwise as the case may be) by
(here describe the disturbance or obstruction or attempted disturbance or obstruction
found proved):
You are hereby prohibited from making any further attempt to disturb or obstruct (if
necessary set forth the particular kind of disturbance or obstruction which the
defendant is enjoined not to repeat) the said plaintiff in his 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 __________ 20
(Signed)
Mamlatdar.
Notifications
G.N., R.D., No. MCA. 1557/10873-R, dated 28th February, 1958 (B.G., Part IV-B,
page 114) - In exercise of the powers conferred by sub-section (3) of section 1 of the
Mamlatdars' Courts Act, 1906 (Bombay II of 1906), the Government of Bombay
hereby appoints the 1st day of February 1958, as the date on which that Act shall
come into force in that part of the State of Bombay to which it is extended by the
Mamlatdars' Courts (Extension) Act, 1957 (Bombay IV of 1958).
G.N., ID., No. 7788, dated 9th December, 1902 (B.G., Part I, page 2053) - In
exercise of the powers conferred by section 3, clause (1), and by section 4 of the
Mamlatdars' Courts Act, 1876 (Bombay Act III of 1876), the Governor in Council is
pleased to direct, in supersession of the Notification of the Government of Bombay in
the judicial Department, No.157, dated the 9th January 1900, except so far as it
relates to the taluka of Shirgonda and Karjat, that the Mamlatdars of the marginally
noted talukas in district of Ahmednagar shall have the powers of a Mamlatdar
described in section 4 of the said Act within the territorial limits of their respective
revenue charges, and to withdraw the powers conferred by the marginally noted
Notification of the Government of Bombay in the Judicial Department upon the
persons specially authorised therein to exercise the powers of a Mamlatdar under
the said Act.
1. Nagar
2. Parner
3. Jamkhed
4. Shevgaon
5. Nevasa
6. Rahuri
7. Kopargaon
8. Sangamner
9. Akola
1. No. 6457 of 13th October 1902.
2. No. 6556 of 17th October 1902.
3. No. 6456 of 13th October 1902.
4. No. 3626 of 5th June 1902.
5. No. 7628 of 26th November 1901.
6. No. 8285 of 10th December 1900.
7. No. 6560 of 17th October 1902.
8. No, 8285 of 10th December 1900.
9. No. 8284 of 10th December 1900.
G. N., J. D., No. 8141, dated 23rd December, 1902 (B. G., Part I, page 2125) - In
exercise of the powers conferred by section 3 clause (1), and by section 4 of the
Mamlatdars' Courts Act, 1876 (Bombay Act III of 1876), the Governor in Council is
pleased to direct, in supersession of so much of Government Notification No. 157,
dated the 9th January 1900, as relates to the talukas of Shrigonda and Karjat, that
the Mamlatdars of the said Talukas in the district of Ahmednagar shall have the
powers of a Mamlatdar described in section 4 of the said Act within the territorial
limits of their respective revenue charges, and to withdraw the powers conferred by
the marginally noted Government Notifications upon the persons specially authorised
therein to exercise the powers of a Mamlatdar under the said Act.
No. 2417 dated the 4th April 1900.
No. 7072, dated the 10th November 1902.
G. N., J. D., No. 8142, dated 23rd December, 1902 (B. G., Part I, page 2125) - In
exercise of the powers conferred by section 3 clause (1), and by section 4 of the
Mamlatdars' Courts Act, 1876 (Bombay Act III of 1876), the Governor in Council is
pleased to direct, in supersession of Government Notifications No. 3931 and No.
3932, dated the 18th June 1902, that the Mamlatdar, taluka Karmala in the district of
Sholapur shall have the powers of a Mamlatdar described in section 4 of the said Act
within the territorial limits of revenue charges, and to withdraw the powers conferred
by the Government Notification No. 3930, dated the 18th June 1902 upon the
persons specially authorised therein to exercise the powers of a Mamlatdar under
the said Act.
G. N., R. D., No. 6847/51, dated 31st March, 1953 (B. G., Part I, page 6584) - In
exercise of the powers conferred by sub-section (1) of section 4 of the Mamlatdars'
Courts Act, 1906 (Bombay II of 1906) the Government of Bombay is pleased to
appoint the officers specified in column 1 of the schedule hereto appended to be
Joint Mamlatdars in the talukas of the East Khandesh District specified against them
in column 2 of the said schedule.
Schedule
Designation of officer Taluka
1 2
Aval Karkun, Yawal Yawal Taluka
Aval Karkun, Jamner Jamner Taluka
Aval Karkun, Chopda Chopda Taluka
Aval Karkun, Jalgaon Jalgaon Taluka
Aval Karkun, Amalner Amalner Taluka
Aval Karkun, Raver Raver Taluka
G. N., J. D., No. 3136, dated 3rd May, 1899 (B. G., Part I, page 551) - Under the
provisions of section 4 of the Mamlatdars' Courts Act, III of 1876, the Governor in
Council is pleased to order the transfer of the villages and Cantonment named below
from the territorial limits of the jurisdiction under the aforesaid Act of the Mamlatdar,
taluka Haveli in the Poona District, to those of the City Mamlatdar, Poona, with effect
from the 1st June 1899:-
1. [* * *]
2. Wanauri
3. Ghorpadi
4. [* * *]
5. [* *]
6. Aundh
7. Yerandavane
8. Bhamburda
9. Mundhava
10. [* *]
11. Sangvne Haveli
12. Munjeri
13. [* *]
14. Bopodi
15. [* *]
16. [* *]
17. [* *]
18. [* *]
19. Yerrowda
20. Mali
21. Parawati
22. [* *]
23. [* *]
24. [* *]
25. [* *]
26. [* *]
27. Poona Cantonment
28. Kirkee
G. N., J. D., No. 963, dated 7th February, 1900 (B. G., Part I, page 238) - Under
the provision of section 4 of the Mamlatdars' Courts Act, 1876, the Governor in
Council is pleased, in supersession of any previous orders, to fix the limits of the
Headquarter Station of taluka Ankleshwar as the territorial limits of the jurisdiction of
the Mamlatdar of taluka.
G. N., H D., No. 8918/3-III, dated 13th April, 1937 (B. G., Part I, page 818) - In
exercise of the powers conferred by sub-section (1) of section 5 of the Mamlatdars'
Courts Act, 1906 (Bombay II of 1906), and in modification of Government Notification
in the Judicial Department, No. 3136, dated the 3rd May, 1899, the Government of
Bombay is pleased to exclude the following villages from the territorial limits of
jurisdiction under the said Act of the Mamlatdar, Poona City, and include them within
the territorial limits of jurisdiction of the Mamlatdar of the Haveli Taluka, with effect
from the 15th May, 1937 :-
1. Kothrud
2. Ambegaon Khurd and Budruk
3. Katraj
4. Kondve Khurd and Budruk
5. Sangvi-Haveli
6. Dapodi
7. Mahomedwadi
8. Hadapsar
9. Vadgaonsheri 10. Bopkhel
11. Hingne Budruk and Khurd
12. Pashan
13. Kalas
14. Narhe, and
15. Dhankavadi
G. N., H D., No. 8918/3-V, dated 7th May, 1937 (B. G., Part I, page 1139) - In
exercise of the powers conferred by sub-section (1) of section 5 of the Mamlatdars'
Courts Act, 1906 (Bombay II of 1906), and in supersession of Government
Notifications, Judicial Department, No. 874, 875, 876, dated the 3rd February, 1902,
the Government of Bombay is pleased to include the following villages in the Niphad
and Yeola Talukas and Chandor Mahal within the territorial limits of jurisdiction under
the said Act of the Mamlatdars of the Niphad and Yeola Talukas and Mahalkari of
Chandor Mahal respectively in the Nasik District, namely:-
Niphad-Taluka
1. Vinchur
2. Saykhede
3. Takli
4. Kotumgaon
5. Pimpalgaon-Najik
6. Nimgaon Vakda
Yeola Taluka
1. Nimgaon Madhe
2. Ambegaon
3. Dhulgaon
4. Somthan Des
5. Babhulgaon
6. Nyaharkhede
7. Desmane
8. Pimpalgaon Lep
9. Paregaon
10. Dhanakwadi
11. Adgaon Repal
12. Valadgaon
13. Manori
14. Satare
15. Nevurgaon
16. Kasarkhede
Chandor Mahal
1. Konkankhede
2. Mesankhede
3. Dongorgaon
4. Dhodambe
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