TMI Blog1976 (3) TMI 236X X X X Extracts X X X X X X X X Extracts X X X X ..... tatara. If the Watan was in respect of the soil, the respondent would not be entitled to any compensation for the resumption of the Watan lands, but if it was a Watan of land revenue only, the respondent would have a claim for compensation for a a sum equal to ten times the amount of such land revenue under s. 6(2) of the Act. The respondent claimed that the Watan was of land revenue only and not of the soil and he was, therefore, entitled to compensation as provided in s. 6(2) of the Act and filed a suit for recovery of ₹ 15,074-4-0 by way of compensation against the State of Maharashtra in the Court of Civil Judge, Senior Division, Satara. The claim was decreed by the learned Civil Judge, Senior Division and on appeal by the State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e construction of the word 'land' in the Sanad, since the Sanad was apparently granted pursuant to the enquiry made under Bombay Act 2 of 1863. The description of the subject matter of the grant as 'lands' in the Sanad would not, therefore, necessarily indicate that it was a grant of the soil. In fact, this description standing alone would rather indicate that it was a grant of land revenue only, since grant of the soil would ordinarily be accompanied by words such as 'Darobast' or 'Jal', 'Taru', 'Truna', 'Kastha' and 'Pashan.' Moreover, the entries contemporaneously made in the alienation register also showed that the grant referred to in the Sanad was a grant of land revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. The learned counsel appearing on behalf of the State of Maharashtra in fact found it impossible to assail the reasoning of the judgment. It is evident that the appeal was filed by the State of Maharashtra without giving much thought to the question and caring to enquire whether the judgment of the High Court suffered from any errors requiring to be corrected by a superior court. We do not think it is right that State Governments should lightly prefer an appeal in this Court against a decision given by the High Court unless they are satisfied, on careful consideration and proper scrutiny, that the decision is erroneous and public interest requires that it should be brought before a superior court for being corrected. The State Governments ..... X X X X Extracts X X X X X X X X Extracts X X X X
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