LexBYRAMJEE JEEJEEBHOY (P) LTD. versus STATE OF MAHARASHTRA
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• t i 2 S.C.R . SUPREME COURT REPORTS 737 The result is that the appeal fails and is dismissed with costs. Appeal disrnissed. BYRAMJEE JEEJEEBHOY (P) LTD. v. STATE OF MAHARASHTRA (B. , P. SINHA C. J., J. C. SHAH and N. RAJAGOPALA AYYANGAR JJ.) Land Revenue, Exemption, Abolition of-Validity of <nactment-Grant-Terms and conditions of grant-If amount to lease or farm-"Estate and Estate-lwlder", Meaning of- Exemption of Estate-holder-Sa.lsette Estates (Land Revenue Exemption Abolition) Act, XLVII of 1951, .<s. 2 (b), 2 (d), 3, 4, 5. The Legislature of the Bombay State enacted the Salsette Estat<B (Land Revenue Exemption Abolition) Act, XL VII of I 95 l which was brought into force on March l, 1952. The object of the Act was to abolish the rights of intermediaries in lands and to abolish exemption from land revenue en joyed by holders of certain estates in the island ofSalsette in the Bombay Suburban and Thana District in the State of Bombay. The "Estate" as defined under the Act me,.ns a village or a part thereof specified in the Schedule a\(ached to the Act. The .even villages namely (l) Mogra (2) Wasivr.co, (3) Bandivli, (4) Majas (5) Part Pahad;, (6) Goregaon and (7) Poisar are included in the schedule of the Act. The East India Company transferred its 'farm rights' in these seven villages to one Banajee by a 'cowl' dated October 2, 1830. Ultimately by a document dated September 22, 1847, the East India Company granted these seven villages to Banajee free from liability to pay land revenue and assess- ment in the nature of larid revenue in future and on certain terms and restrictions set out therein. The freedom from JiabiHty to pay land r~vcnue was subject to these restrictions 1963 i.ramchamlra Sht"oy v. Hil'a Brite Ayyangar J. 1963 A/,,il 3 1963 Byramjtt Jeejubhoy (P) ltd, v. State of Maliara.shl10 - ...... ~+ - .... 738 SUPREME COURT REPORtS [1964] VOt. namely ( 1) to preserve the rights of occupants of land (2) to pay annual rent of Re. 1/- if demanded, (3) to maintain rights of dewa•thans, dharmadawas and customary allowance. to •J'al"' (4) to the right of levy of customs and excise duties and also duties in respect of manufacture and sale of spirituous I iquors and poisonous or injurious drugs by the Government. The appellant is the succcssor-in-interc.t of Banajce. The appellant filed the suit in which he challenged the application of provisions of the Act to the lands of the appellant. The suit was dismisstd by the Trial Court and tbe appellate Court. Held (I) that the grant dated September 22, 1847, was not a lease within the meaning of s. 2 (d) of the Act as it transferred the right of ownership in the lands and not merely the right to enjoy them. (2) that the grant was not in the nature 9f a "farm" because the grantee was not liable to pay any revenue as a farmer. (3) that the villages were at the date of the Act held under an agreement from the State of Bombay and bvth the conditions prescribed under the definition, namely specification in the schedule and holding under a cowl were fulfilled. (4) that cl. 3 of s. 3 saves the right of a person other than an estate holder, who holds the land in an estate exempt from payment of land revenue, if such exemption is under a special contract or grant m~,de or recognised under the terms of the cowl, or under a law for the time being in force. CIVIL APPELLATE jumsDICTJOS : Civil Appeal No. 560 of 1962. Appeal from the judgment and decree dated February 23, I 961, of the Bombay High Court in Appeal i\'o. 50 of 1959. S. T. Desai, V. J. illercliant and R.A. Gagrat, for the appellant. C. ](, Daphi,ary, Attorney-General for India, S. G. Patimrdhan and R. JI. Dliebar, for the res- pondent. 2 S.d.R. SUPREME COURT REPORTS 739 1963. April 3. · The Judgment of the Court was delivered by SHAH J.-By an agreement called 'Cowl' dated October 2, 1830 the Principal Collector of Konk<:n conferred on behalf of the East India Company "farm rights" upon one Cursetjee Cowasjee Banajee-hereinafter called "Banajee"-in seven villages (1) Mo~ra; (2) Wasivre, (3) Bandivli (4) Majas (o) Part Pahadi, (6) Goregaon and (.7) Poisar on terms and conditions set out therein. By two letters dated October 17, 1835 and July 17, 1841 the original cowl .was modified and Banajee was required to pay an amount to the East India, Company of Rs. 2, 708/7 /- per annum in consid
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