The Mamlatdars Courts Act, 1906

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The Mamlatdars' Courts Act, 1906
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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)

The Mamlatdars' Courts Act, 1906
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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.
The Mamlatdars' Courts Act, 1906
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SECTIONS.

Power of Mamlatdar to examine other witnesses and inspe ct 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.

The Mamlatdars' Courts Act, 1906
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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 consolidat e and amend the law relating to the powers
and procedure of Mamlatdars' Courts; It is hereby enacted as follows :-

1. (1) This Act may be called the Mamlatdars' Courts Act, 1906.

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
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.

3. In this Act. unless there is anything repugnant in the subject or context.

5[ * * * * ]

(a) the word "Mamlatda r" 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 shal l dispose of such suits only as he may receive from the
Mamlatdar.

(2) The Mamlatdar is hereby empowered to transfer to the Joint Mamlatdar
for disposal any suit under this Act the plaint in whi ch has been presented to
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-
section (1) to 16[any officer not below the rank of Collector].

Preamble.
Short title.
Commencement in
rest of State.
Repeal of Bom. Act III
of 1876.
Bom. IV of 1958. Interpretation.
Power of Mamlatdar
to transfer suits to
the Joint Mamlatdar.
Delegation of powers
14[* * *],
The Mamlatdars' Courts Act, 1906
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5. (1) Every Mamlatdar shall preside over a Court, which shall be called
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 l aw, 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 t he 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 determi nation 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 lega l 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 a ny 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
within the said limits,
19[where any impediment referred to in sub-s ection (1)
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 bro ught
within six months from the date on which the cause of action arose.

(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.

Powers of Mamlardars
Courts.
Power to
issue
injunction.
Suits to be filed within
six months
Cause of action.
The Mamlatdars' Courts Act, 1906
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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 pro perty, 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 mo nths 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
suit from any Mamlatdar's Court in his district to any other Mam- latdar'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 is sued 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
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;

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
Power of
Collector to
transfer suits.
Suits commenced
by plaint.
Contents of plaint.
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them on the day and at the place to be fixed under section 14.

8. 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 reliefs afforded by
this Act and shall inquire whether the petitioner desires to obtain relief thereby. If the
petitioner expresses a desire so to ob tain relief, the Mamlatdar shall endorse the
desire on the petition which shall thereupon be deemed to be a plaint presented under
section 7.

9. 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 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
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 th is plaint is true to the
best of my information and belief."

11. (1) The Mamlatdar shall endorse the plaint to the effect that it was duly
subscribed and verified.

(2) Where the plainti ff 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 t he request of the plaintiff.
and that his mark was so affixed.

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

(i) that the property or use claimed is not one of the kind spe cified 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. 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. (1) Where a plaint is admissible, the Mamla tdar 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 then ten
Informal
petitions to
be treated as
plaints.
Examination
of plaintiff on
oath.
Plaint to be
subscribed and
verfied.
Endorsement by
the Mamlatdar
Procedure where
plainttif cannot
write.
Rejection of plaint.
Return of Plaint.
Procedure where
plaint
admissible.

The Mamlatdars' Courts Act, 1906
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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
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
to adopt measures to procure the attendance of his witnesses, if any, on the
day and at the place fixed, the M amlatdar shall reject the plaint 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
the defendant fails to attend and the Mamlatdar is satisfied from the evi dence
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 :

Provided, firstly, that if either party satisfies the Mamlatdar at any
time within theirty days from the date of the rejection of a plaint under sub-
section (1), or of and ex- parte decision under sub-section (2), that he was
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
prevent the plantiff from withdrawing his suit on payment of the defendant's
costs.

17. (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 t o 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.

Attendance of
witnesses.
Where plain tiff
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.
When
proceedings may
be adjourned.
The Mamlatdars' Courts Act, 1906
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(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
appointed guardian.

(2) The Mamlatdar may, at any stage of the proceddings order that the name
of any person to whom possession or enjoyment of the property or use
claimed, or of any part thereof, may ha ve been transferred, or the addition of
whom as a party appears necessary in order to enable the Court, effectually
and comple tely 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 inst ituted on the day when his name was
so added.

(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 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.

19. (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 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 pla intiff 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 ;
Minor may be a
party.
Power to add
parties.
Procedure in case
of death of Party.
Points to be decided
by Mamlatdar. at
hearing.
The Mamlatdars' Courts Act, 1906
10 of 17

(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,
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 documemt 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.

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
substance of the evidence of each witness as the examination of the witness proceeds,
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
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. Every order of the Mamlatdar, whether for rejecting or returning a plaint or
wether 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 on record.

Power of
Mamlatdar to
examine other
witnesses and
inspect property
in disputes.
Record of
proceedings by
Mamlatdar.
Orders to be passed
by Mamlatdar upon
decisions in favour of
paintiff and
defendant.
Mamlatdar's order
to be endorsed on
plaint and read out
in open Court.

The Mamlatdars' Courts Act, 1906
11 of 17
21. (1) Where the Mamlatdar's decision is for 29[removal of an impedi ment 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 :

Provided that, notwithstanding anything contained in this Act, where
at the time when a decision is recorded by the Mamlatdar for 30[ removal of
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 shal l 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
cause the same to be 31[prepared in the form of Scheduled 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.

(3) Where the Mamlatdar awards costs, such costs, together with costs of
execution, shall be recoverable from the party ordered to by them as an arrear
of land -revenue.

(4) Any person disobeying an injunction granted under sub-section (2) shall
be punishable under section 188 of the
32[Indian Penal Code.]

22. 33[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
injuction is granted, shal l 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 com petent
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 enjoy ment 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.

23. "(1) There shall be no appeal from any order passed by a Mamlatdar under
this Act.

(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
Mamlatdars
decision how
executed.
Proviso as
to growing
crops.
Mode of
serving
injunction.
Recovery of costs
awarded.
Disobedience to an
injunction how a
punishable.
XLV of 1980
Possession to be
given without
prejudice to rights of
parties.
Bar of appeal.
Collector's
power to revise
Mamlatdar's
proceedings.
The Mamlatdars' Courts Act, 1906
12 of 17
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
section to any 35[Assistant Collector 36[or Deputy Collector] subordinate t o
him :

(3) Where the Collector 37[Assistant Collector 38[or Deputy Collector]] 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. Any plaintiff subscribing and verifying any plaint under this Act which he either
knows or belives 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
39[Indian Penal Code].

26. No suit shall lie under this Act-

(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 a ny impediment or of] any dispossession,
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.

∗ 42[27. On the commencement of this Act in that part of the State of Bombay to
which it is extended by the Mamlatdars' Courts (Extension) Act, 1957, the Saurashtra
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 Collec tor 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.]

Delegation of
Collector's
powers.
Collector
deemed to be a
Court.
Punishment for
verification of talse
plaint.
XLV of 1860.
Bar of certain suits.
V of 1898.
Repeals and
savings.
Bom. IV of 1958.
Sau. Ord., LII 1948.
Bom. II of 1906.

The Mamlatdars' Courts Act, 1906
13 of 17
SCHEDULE A.

FORM OF NOTICE TO BE ISSUED TO THE DEFENDANT UNDER SECTION
14.

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 appli cation 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.

Seal
of the
Court
The Mamlatdars' Courts Act, 1906
14 of 17
SCHEDULE B.

FORM OF NOTICE TO BE ISSUED UNDER SECTION 16.

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 appe arance 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.

Seal
of the
Court
The Mamlatdars' Courts Act, 1906
15 of 17
43[SCHEDULE BB.

FORM OF INJUNCTION TO BE ISSUED UNDER SECTION 21, SUB-SECTION
(2).

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.

Seal
of the
Court
The Mamlatdars' Courts Act, 1906
16 of 17
SCHEDULE-C.

FORM OF INJUNCTION TO BE ISSUED UNDER SECTION 21, SUB-SECTION (2).

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 dist urb 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, s ee
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.
Seal
of the
Court
The Mamlatdars' Courts Act, 1906
17 of 17

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 i n 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 . begi nning 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 le tters 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 su bsituted 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.

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