AIR 1961 SUPREME COURT 589 ::1962 2 SCJ 563 ::1961 2 SCR 509

Supreme Court Of India

(From Bombay)*

Hon'ble Judge(s): S. J. Imam, A. K. Sarkar, Raghubar Dayal , JJJ

(A) Bombay Hereditary Offices Act (3 of 1874) , S.4— Watan Property - Watan lands - Grantee subsequently building wada on inam land - Wada does not become watan property - It is not accession to inam lands. Where on the inam lands which were held as remuneration for the performance of the duty appertaining to a hereditary office and which therefore were watan properties within meaning of S. 4 of the Act, the grantee built a wada, and the wada was not the subject of the grant and was at no time held for remuneration for the performance of the duty appertaining to a hereditary office. Held that the wada did not come within the definition of watan property as defined in the Act.(Para 5A 39) Held also that the wada although immovable property did not partake of the character of the land on which it was constructed because it was severable from the land and was capable of being dismantled and the materials of which could be removed and sold without violating any of the provisions of the Act. The wada was not also an accession to the watan property, namely the inam lands. Accession to the land suggested that over a course of years imperceptible accretion to the land had taken place and it was impossible to distinguish the original land from the accreted land. In such a case the accrted land might p....