AIR 1995 SUPREME COURT 895 ::1995 AIR SCW 709 ::1996 BomCJ 1 1 ::1995 (2) SCC 543 ::1995 All CJ 1 19 ::(1995) 3 Bom CR 379 ::(1995) 1 SCR 88 (SC) ::(1995) 1 JT 370 (SC)

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): K. Ramaswamy, S. Mohan, N. Venkatachala , JJJ

(A) Maharashtra Revenue Patels (Abolition of Office) Act (35 of 1962) , S.3, S.5— Watan land - Regranted to watandar after resumption - Held by Watandar for and on behalf of joint Hindu family and is partible. C.A.No.944 of 1973, D/- 25-11-1986 (SC), Held per incuriam.A. No. 162 of 1969, D/- 28-6-1977 (Bom) and S. A. No. 1177 of 1973, D/-7-11-1981 (Bom), Reversed By operation of S.3 Watans have been abolished and all the incidents attached to the watandari including the pre-existing custom, operation of law or any decree or order of the Court were nullified by statutory operation. Thereby, the incidents attached to the watan i.e. liability to render service as Patel became extinct and the lands became ryotwari lands, office of watan stood extinguished, the lineal primogeniture stood abolished and the land on regrant became the Hindu joint family property held by the watandar for and on behalf of the members of the joint Hindu family. All the members of the family became entitled to claim right to partition by survivorship.C.A. No. 944 of 1993 D/- 25-11-1986 (SC), Held per incuriam. (B) Hindu Law - Mitakshara School - Joint family with impartible estate - Dissolution of joint status - Proof - Separation of food and residence not sufficient. In ....