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MAMLATDARS COURTS ACT, 1906
SECTION 01: 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.
(3) Commencement in rest of State :—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.
SECTION 02: THE MAMLATDARS’ COURTS ACT, 1876, IS HEREBY REPEALED
SECTION 03: INTERPRETATION
In this Act, unless there is any thing 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 Tabsildar, and any other person who may be specially authorised 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.
SECTION 04: POWER TO APPOINT JOINT MAMLATDAR
(1)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 be may receive from the Mamlatdar.
(2) Power of Mamlatdar to transfer suits to the Joint Mamlatdar :—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, sick ness or any other cause unable to dispose.
(3) Delegation of powers to Commissioner:-The (State] Government may delegate powers under tub section (1) to (any officer not below the rank of Collector.)
SECTION 05: POWERS OF MAMLATDARS COURTS
(1) Every Mamalatdar 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 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 occasion of the determination of any tenancy or other Tight 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 remove or cause to be removed any such impediment or, to give possession of a such property or to restore any such use to a person who has become entitled thereto merely by person 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) Power to issue injunction :—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, the possession of any lands or premises used lot agriculture or grazing, or trees, or crops, or fisheries, or in the use of water from any well, tank, canal or watercourse, whether natural or article 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 from causing, or who has attempted to cause, such disturbance or obstruction, requiring him to refrain from erecting or attempting to erect any such impediment orb from causing or attempting to cause any further such disturbance or obstruction.
(3) Suits to be filed within six months :—No suit shall be entertained by a Mamtatdars Court unless it is brought within six months from the date on which the cause of action arose.
(4) Cause of action: 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 disturbance or obstruction, or the attempted impediment or disturbance or obstruction, first commenced.
Explanation :—The exercise by a joint owner pf a 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.
SECTION 06: 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 Mamlatdar’s Court in his district, and the Matnlatdar’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 vi1tage -are subordinate.
SECTION 07: 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
(1) a list of the plaintiff’s documents, if any, and of big witnesses, if any, showing what evidence k requited from each witness, and whether such witnesses - are to be summoned to attend or whether the plaintiff wilt produce them on the day and at the place to be fixed under Section 14.
SECTION 08: INFORMAL PETITIONS TO BE CREATED 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’s 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.
SECTION 09: EXAMINATION OF PLAINTIFF ON OATH
Where the plaint does not contain the particulars specified in Section7 or is unnecessarily prolix, the Mamlatdar shall forthwith examine the plaintiff upon oath and ascertain from him such of the particulars specified in Section as are not clearly and correctly stated in the plaint and shall reduce the explanation to writing in the form of an endorsement on or annexure to the plaint which shall thereupon Le deemed to be part of the plaint. Where the plaintiff required time to obtain any of the particulars specified in Section 7, the Mamlatdar shall g-rant him such time as may under all the circumstances appear reasonable.
SECTION 10: PLAINT TO BE SUBSCRIBED AND VERIFIED
When the plaint is presented, and has, if necessary, been treated in the manner specified n 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:
“1, A, B, the plaintiff, do declare that what is stated in this plaint is true to the best of my information and belief”
SECTION 11: ENDORSEMENT BY MAMLATDAR
(1) The Mamlatdar shall endorse the plaint to the effect that it was duly .H arid verified.
(2) Procedure where plaintiff cannot write 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.
SECTION 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.
SECTION 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.
SECTION 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, 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.
SECTION 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 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.
SECTION 16: WHERE PLAINTIFF MAKE DEFAULT PLAINT TO BE REJECTED WITH COSTS
Where the plaintiff fails to attend, or to pro duce his document, if, any or to adopt measures to procure the attendance of his witness if any, on the day and at the place fixed, the Mamlaldar shall reject the plaint with costs, whether the defendant appears or not, unless the defendant admits the claim.
(2) Whether defendant does not appear, case to be heard ex-parte. -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 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, be shall proceed to hear and decide the plaint, ex-parte.
But case may be re-heard on sufficient cause being shown Provided, firstly, that if either party satisfies the Mamlatdar at anytime within thirtydays from the date of the rejection of a plaint 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 witness, at 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 rehear 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 defendants costs
SECTION 17: WHEN PROCEEDINGS MAY BE ADJOURNED
Where do 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 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 adjourned 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.
SECTION 18: MINOR MAY BE A PARTY
A minor may sue or be sued if he is represented by a natural or duly appointed guardian.
(2) Power to add parties:-The Mamlatdar may at any stage of the proceedings, order that the name of any person 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.
(3)Procedure in case of death of party:-
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 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.
SECTION 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 averse 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 the 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 unlawfulfully 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 o former owner or part-owner within the 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 employment of the use but that the defendant disturbs or obstructs or has attempted to disturb or obstruct him in his possession of use-
(1)whether the plaintiff or any person in his behalf in actually in possession or enjoyment of the property or sale 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
(2)power of Mamlatdar to examine other witnesses and inspect property in dispute:
The Mamlatdar may after due notice to and in the presence of the parties summom 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 inexpedient in the interest of justice so to do and may if he thinks fit make a personal inspection of the property in despute 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 as such inspection. The memorandum shall form part of the record of the case.
(3) Record of proceedings by Mamlatdar:
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) Orders to be passed by Mamlatdar upon decisions in favour of plaintiff and defendant:-Where the Mamlatdars finding upon the issues is in favour of the plaintiff, be shall make such order, not being in excess of the powers vested in him by Section 5, as the circumstances of the case appear him to require, and where b 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.
SECTION 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 on record.
SECTION 21: MAMLATDAR'S DECISION HOW EXECUTED
(1) Where the Mamlatdar's decision id 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
proviso 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 ercted 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 if the defendant makes an application for the purpose and furnishes sufficient security or deposits in the court a sufficient sum for the payment of the cases 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 suc-section shall be paid to the defendant through the Mamlatdar, and shall be recoverable from the plaintiff as an arrear of land revenue.
(2) Mode of serving injunction:
whether the Mamlatdar's deceision 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.
(3) Recovery of cost awarded: where the Mamlatdar awards costs such cost together with the cost of execution shall be recoverable from the party ordered to pay them as an arrear of land revenue.
(4) Disobedience to an injunction haw punishable
Any person disobeying an injunction granted under subsection (2) shall be punishable under section 188 of the Indian Penal Code
SECTION 22: POSESSION TO BE GIVEN WITHOUT PREJUDICE TO RIGHTS OF PARTIES
Subject to the provisions of section 23 subsection (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 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 menses profit 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 sub-section(1)of section 21 shall not be held to be conclusive
SECTION 23: BAR OF APPEAL
(1) There shall be no appeal from any order passed by a Mamlatdar under this Act.
(2) Collector’s power to revise Mamlatdar’s proceedings:-But the Collector may call for and examine 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.
(2A) Delegation to Collector’s powers: The Collector may delegate the powers conferred on him by this section to any Assistant Collector Deputy Collector, or assistant Commissioner] subordinate to him],
(3) Collector deemed to be a Court 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.
SECTION 24: POWERS OF THE COURT OF THE JUDICIAL COMMISSIONER OF SIND
Omitted by the adaption of laws order 1950
SECTION 25: PUNISHMENT FOR VERIFICATION OF FALSE PLAINT
Any plaintiff subscribing and verifying 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.
SECTION 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 proceeding 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.
SECTION 27: REPEAL AND SAVING
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 Court Ordinance 1948 and the mamlatdar's 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 section taken including any appointments made, any Mamlatdar's courts constituted, territorial limits thereof fixed orders made by such courts proceedings pending before such court 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.
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