1906 : Bom.

II] 1

THE MAMLATDAR’S COURTS ACT, 1906

[Text as on 4th June 2024]
_____________

CONTENTS
PREAMBLE.
SECTIONS.

1. Short title.
Commencement in rest of State.

2. Repeal of Bom. Act III 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 Mamlatdar’s 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 re-heard on sufficient cause being shown.
Or plaintiff may withdraw his suit.

17. When proceedings may be adjourned.

2 The Mamlatdar’s Courts Act, 1906 [1906 : Bom. II

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.

Power of Mamlatdar to examine other witnesses and inspect 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 injunction how punishable.

22. Possession to be given without prejudice to rights of parties.

23. Bar of appeal.

Collector’s power to revise Mamlatdar’s proceedings.
Delegation to 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
1906 : Bom. II] The Mamlatdar’s Courts Act, 1906 3

LIST OF AMENDMENT ACTS

1. Amended by Bom. 7 of 1926 (when notified)
2. Amended by Bom. 11 of 1928
3. Adapted and modified by the Adaptation of Indian Laws Order in Council.
4. Amended by Bom. 24 of 19421
5. Adapted and modified by the Adaptation of Laws Order, 1950.
6. Amended by Bom. 66 of 1954
7. Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects)
Order, 1956.
8. Amended by Bom. 4 of 1958
9. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.

1 This Act was repealed and section 2 thereof was re-enacted by Bom. 42 of 1947, s. 2.
4 The Mamlatdar’s Courts Act, 1906 [1906 : Bom. II
1906 : Bom. II] The Mamlatdar’s Courts Act, 1906 5

BOMBAY ACT No. II OF 19061

[THE MAMLATDAR’S COURTS ACT, 1906.]2

[The assent of the Governor General of India to this Act was published by the
Governor of Bombay on the 29th October, 1906.]
An Act to consolidate and amend the law relating to the powers and
procedure of Mamlatdar’s Courts.
Preamble.— WHEREAS, it is expedient to consolidate and amend the law relating to the powers
and procedure of Mamlatdar’s Courts; It is hereby enacted as follows :—

1. Short title.— (1) This Act may be called the Mamlatdar’s Courts Act, 1906.
3
[(2) It shall extend to the whole of the 4[State of Maharashtra], except the 5City of Bombay.
6
(3) Commencement in rest of State.— In that part of the State of Bombay to which it is
extended by the Mamlatdar’s Courts (Extension) Act, 1957 (Bom. IV of 1958), it shall come into force
on such date as the State Government may, by notification in the Official Gazette, appoint.]

2. Repeal of Bom. Act III of 1876.— The Mamlatdar’s Courts Act, 1876, is hereby repealed.

3. Interpretation.— In this Act, unless there is anything repugnant in the subject or context,
7
[(aa) “Collector” includes a Deputy Commissioner ;]
(a) the word “Mamlatdar” shall include any Revenue Officer exercising for the time being
the powers 8[of a Mamlatdar, of a Mahalkari, or of a Tahasildar or Naib Tahasildar,] and any
other person who may be specially authorised by 9[the 10[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
11
Code of Civil Procedure.

4. Power to appoint Joint Mamlatdar.— (1) The 12[13[State] Government] may, by notification
in the 14[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 suit only as he may receive from the 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. 5 and for Proceedings in Council, see ibid., 1905, Pt. VII, p. 578; ibid., 1906, Part
VII, p. 31 and 189.
2 This Act was extended to that part of the State of Bombay to which immediately before the commencement of Bom. 4 of
1958, it did not extend, but excluding the City of Bombay (vide Bom. 4 of 1958. s. 2).
3 These sub-sections were substituted for the original sub-section (2) by Bom. 4 of 1958, s. 3(1).
4 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
5 The name of this City has been restored as “Mumbai” vide Mah. 25 of 1996, s. 3.
6 Sub-section (3) stands unmodified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
7 This clause was inserted by Bom. 4 of 1958, s. 3(2) (i).
8 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).
9 The words “Provincial Government” were substituted for the words “Governor in Council” by the Adaptation of Indian
Laws Order in Council.
10 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
11
See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
12 The word “Provincial Government” were substituted for the words “Governor in Council” by the Adaptation of Laws
Order in Council.
13 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
14 The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian
Laws Order in Council.
6 The Mamlatdar’s Courts Act, 1906 [1906 : Bom. II

(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, sickness or any other cause unable to dispose.
(3) Delegation of powers to Commissioner.— The 1[ 2[State] Government] may delegate 3[its]
powers under sub-section (1) to 4[any officer not below the rank of Collector.]

5. Power of Mamlatdar’s Courts.— (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 5[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 reason of the determination 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 legal representative of such former owner or part-owner :
Provided that, if in any case the Mamlatdar considers it inequitable or unduly harsh 6[to remove
or cause to be removed any such impediment or], to give possession of any such property or to restore
any 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) Power to issue injunction.— The said Court shall also, subject to the same provisions, have
power within the said limits, 7[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, 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 8[erecting or who has attempted to erect such impediment, or] causing, or who has attempted to
cause, such disturbance or obstruction, requiring him to refrain 9[from erecting or attempting to erect
any such impediment or], from causing or attempting to cause any further such disturbance or
obstruction.
(3) Suit to be filed within six months.— No suit shall be entertained by a Mamlatdar’s 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
10
the [impediment to the natural flow of surface water or the] dispossession, deprivation or

1 The word “Provincial Government” were substituted for the words “Governor in Council” by the Adaptation of Laws
Order in Council.
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 The word “its” was substituted for the word “his” by the Adaptation of Laws Order in Council.
4 These words were substituted for the words “the Commissioner” by Bom. 4 of 1958, s. 3(3).
5 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).
6 These words were inserted, by Bom. 66 of 1954, s. 2 (1)(ii).
7 These words, brackets and figures were inserted by Bom. 66 of 1954, s. 2(2)(a).
8 These words were inserted, by Bom. 66 of 1954, s. 2(2)(b).
9 These words were inserted, by Bom. 66 of 1954, s. 2(2)(c).
10 These words were inserted by Bom. 66 of 1954, s. 2(3)(a).
1906 : Bom. II] The Mamlatdar’s Courts Act, 1906 7

determination, of tenancy or other right occurred, or which the 1[impediment,] disturbance or

obstruction, or the attempted 2[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.
Illustration I
A lets B his field to cultivate for a specific period of one or more years. B refuses to resign
possession after the expiration of that period. A can sue for possession in the Mamlatdar’s Court at any
time within 6 months from the date of 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 yearly tenant of A, who gives him a notice to vacate, as he is bound to do 3[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 property, or who is the legal representative of such former owner or part-owner.
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 watercourse without A’s consent. A may
sue B in the Mamlatdar’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 former owner
or partowner 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 land adjacent to a पाट or फाांस or similar artificial water-course which has hitherto
been exclusively used by B. A draws water therefrom. B may sue in the Mamlatdar’s Court at any time
within six months from the date on which A commences to take the water, for an injunction to prevent
A from so doing.

6. 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 other Mamlatdar’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
issued by the Mamlatdar to whom such village-officers are subordinate.

7. Suits commenced by 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) Contents of Plaint.— 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 ;
4
[(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 ;

1 This word was inserted by Bom. 66 of 1954, s. 2(3)(b).

2 These words were inserted by Bom. 66 of 1954, s. 2(3)(c).
3 These words were substituted for the words and figures beginning with the words and figures “under section 84” and
ending with the words “three months” by Bom. 4 of 1958, s. 3(4).
4 This clause was inserted by Bom. 66 of 1954, s. 3.
8 The Mamlatdar’s Courts Act, 1906 [1906 : Bom. II

(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 them on the day and at the place to be fixed under
section 14.
8. Informal petitions to be treated 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 reliefs 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.

9. Examination of Plaintiff on oath.— 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 examination to writing in the form of an endorsement
on or annexure to the plaint which shall thereupon be 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 grant
him such time as may under all the circumstances appear reasonable.

10. Plaint to be subscribed and verified.— 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 this plaint is true to the best of my
information and belief.”

11. Endorsement by Mamlatdar.— (1) The Mamlatdar shall endorse the plaint to the effect
that it was duly subscribed and verified.
(2) Procedure where Plaintiff cannot write.— Where 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 verfication, 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.

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.

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.

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, and witnesses if any, on the day and at the
place fixed.
1906 : Bom. II] The Mamlatdar’s Courts Act, 1906 9

(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.

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.

16. Where plaintiff makes default, plaint to be rejected with costs.— (1) Where the plaintiff
fails to attend, or to produce his documents, if any, or to adopt measures to procure that attendance of
his witnesses, if any, on the day and at the place fixed, the Mamlatdar shall reject the plaint with costs,
whether the defendant appears or not, unless the defendant admits the claim.
(2) Where 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 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 :
But case may be re-heard on sufficient cause being shown.— Provided, firstly, that if either
party satisfies the Mamlatdar at any time within thirty days from the date of 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 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 :
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 defendant’s costs.

17. When proceeding may be adjourned.— (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 to appear and answer on the
day fixed in the notice, he shall adjourn the trial of the case and issue 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 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.

18. Minor may be a party.— (1) 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 to whom possession or enjoyment of the property or use claimed, or of any part
thereof, may have been transferred, or the addition of who as a party appears necessary in order to
10 The Mamlatdar’s Courts Act, 1906 [1906 : Bom. II

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 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. 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, 1[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 likelyhood of damage to the
plaintiff’s land or to any grazing, trees to 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 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 been unlawfully dispossessed 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 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 ;

1 These words, brackets, letters, figures and punctuation marks were substituted for the original by Bom. 66 of 1954, s. 4.
1906 : Bom. II] The Mamlatdar’s Courts Act, 1906 11

(c) if the plaintiff avers that he is still 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 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 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 document which has not been applied for or produced, by either of the parties, where he considers
it expedient in the interest 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.
1
[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) 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 Mamlatdar’s finding upon the issue is in favour of the plaintiff, 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 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. 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.

21. Mamlatdar’s decision how executed.— (1) Where the Mamlatdar’s decision is for
2
[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 3[removal of the impediment
erected 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, 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 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 decision is for granting an
injunction, he shall cause the same to be 4[prepared in the form of Schedule BB or C, as the case may

1 These words were added by Bom. 11 of 1928, s. 2, First Schedule.

2 These words were inserted by Bom. 66 of 1954, s. 5(1)(a).
3 These words were inserted, by Bom. 66 of 1954., s. 5(1)(b).
4 These words and letters were substituted for the original by Bom. 66 of 1954, s. 5(2).
12 The Mamlatdar’s Courts Act, 1906 [1906 : Bom. II

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 costs awarded.— Where the Mamlatdar awards costs, such costs, together with
the costs of execution, shall be recoverable from the party ordered to pay them as an arrear of land-
revenue.
(4) Disobedience to an injunction how punishable.— Any person disobeying an injunction
granted under sub-section (2) shall be punishable under section 188 of the 1[Indian Penal Code (XLV
of 1860).]

22. Possession to be given without prejudice to rights of parties.— 2[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 of 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 ousted, 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 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 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.

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 the 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.
3
[(2A) Delegation to Collector’s powers.— The Collector may delegate the powers conferred on
him by this section to any 4[Assistant Collector, Deputy Collector or Assistant Commissioner]
subordinate to him];
(3) Collector deemed to be a Court.— Where the Collector, 5[Assistant Collector, Deputy
Collector or Assistant Commissioner] 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. Punishment for verification of false plaint.— Any plaintiff subscribing and verifying any
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
6
[Indian Penal Code (XLV of 1860)].
26. Bar of certain suits.— No suit shall lie under this Act,—
(a) 7[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 8[any removal of any impediment or of] any dispossession, recovery of
possession or disturbance of possession, that has been the subject of previous proceedings, to

1 Central Act.
2 This portion was substituted for the original by Bom. 66 of 1954, s. 6.
3 This sub-section was inserted by Bom. 24 of 1942, s. 2(a) read with Bom. 42 of 1942, s. 2.
4
These words were substituted for the words “Assistant Collector or Deputy Collector” by Bom. 4 of 1958, s. 3(5).
5 These words were substituted for the words “Assistant Collector or Deputy Collector” by Bom. 4 of 1958, s. 3(5).
6 Central Act.
7 These words were substituted for the words “against the Crown or against any servant of the Crown” by the Adaptation
of Laws Order, 1950.
8 These words were inserted by Bom. 66 of 1954, s. 7.
1906 : Bom. II] The Mamlatdar’s Courts Act, 1906 13

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 1Code of Criminal Procedure, 1898 (V of 1898).
2
[27.3 Repeals and savings.— 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 (Bom. IV of 1958),
the Saurashtra Mamlatdar’s Courts Ordinance, 1948 (Sau. Ord. LII of 1948), and the Mamlatdar’s
Courts Act, 1906 (Bom. II of 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 Mamlatdar’s Courts constituted, territorial limits thereof fixed, orders made
by such Courts, proceedings pending before such Courts 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 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.]
SCHEDULE A
FORM OF NOTICE TO BE ISSUED TO THE DEFENDANT UNDER SECTION 14

Seal
of the
Court.

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 particulars 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 above 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 make an application 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.

1 See now the Code of Criminal Procedure, 1973 (2 of 1974).

2 This section was inserted by Bom. 4 of 1958, s. 3(6).
3 This section stands unmodified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
14 The Mamlatdar’s Courts Act, 1906 [1906 : Bom. II

SCHEDULE B
FORM OF NOTICE TO BE ISSUED UNDER SECTION 16

Seal
of the
Court.

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 appearance 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.
—————
1
[SCHEDULE BB
Form of Injunction to be issued under section 21, sub-section (2)

Seal
of the
Court.

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 impediment (if necessary set
forth the particular kind of impediment which the defendant is enjoined not to erect) to the 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
(Signed)
Mamlatdar.]

1 Schedule BB was inserted by Bom. 66 of 1954, s. 8.

1906 : Bom. II] The Mamlatdar’s Courts Act, 1906 15

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

Seal
of the
Court.

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 disturb, or obstruct) the said plaintiff in his 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 disturbance or obstruction or attempted
disturbance or obstruction found proved) ;
You are hereby prohibited from making any further attempt to disturb or obstruct (if necessary set
forth the particular kind of disturbance or obstruction which the defendant is enjoined not to repeat)
the said plaintiff in his 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.