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Vithu Hira Mahar (More) @ Vithu Pandu ... vs State Of Maharashtra & Others on 1 July, 1999 cites

Jivaji Sambhaji Kambli vs Fakir Sabaji Kambli on 16 January, 1912

XIV 395 Jivaji Sambhaji Kambli v. Fakir Sabaji Kambli. In that case the plaintiff filed a suit for declaration that plaintiff is the head of the family of the Watandar and has in consequence to a proportional share of a watan and, for a correction of Government record accordingly. The defendant pleaded that a suit was barred under the Watan Act, 1876 and was not maintainable. The Subordinate Judge dismissed the suit holding that the policy of Bombay Act 111 of 1874 seems to be to cause disputes about Watans to be decided by the Collector and not by the Civil Court. This decree was confirmed by the District Judge and when the matter went to the High Court, it was contended by the advocate for the plaintiff that the Civil Court had jurisdiction to entertain the suit because what was asked by the plaintiff was not any relief which was prohibited by section 67 of the Watan Act but a mere declaration that he is a member of Sambhu's branch and he has 2/3rd share in the watan belonging to that branch. The High Court held that suit was filed to get the defendant out of the way and for having plaintiff's name recorded as the head of the branch in the Collector's register, and since this was substantially the nature of the suit and such a relief was beyond the scope of Civil Court. The Court held a suit of this character fall under the ban of Clause (d) of section 67 of the Hereditary Offices Act and consequently the suit was not competent.
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