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The Mamlatdars' Courts Act, 1906

The Mamlatdars' Courts Act, 1906

Civil190630 sections

The Mamlatdars' Courts Act, 1906 establishes local administrative revenue courts headed by Mamlatdars to quickly resolve rural land, water, and agricultural possession disputes in Gujarat. It applies to agricultural landowners, tenants, farmers, and local residents involved in disputes over land possession, tenancy terminations, water access from wells or canals, customary rights of way, or unlawful obstructions to natural water flow. By providing a swift, summary legal mechanism for local officers to grant immediate possession or issue protective injunctions, the law prevents illegal dispossession, protects agricultural livelihoods, and maintains peace in rural communities until civil courts can formally determine final property ownership.

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  1. 0. Preamble
  2. 1. Short title, Commencement; Local extent.
  3. 2. Repeal of Bom. Act III of 1876.
  4. 3. Interpretation.
  5. 4. Power to appoint Joint Mamlatdar; Power of Mamlatdar to transfer suits to the Joint Mamlatdar; Delegation of powers to Commissioner.
  6. 5. Powers of Mamlatdars' Courts; Power to issue injunction; Suits to be filed within six months; Cause of action.
  7. 6. Power of Collector to transfer suits.
  8. 7. Suits commenced by plaint. Contents of plaint.
  9. 8. Informal petitions to be treated as plaints.
  10. 9. Examination of plaintiff on oath.
  11. 10. Plaint to be subscribed and verfied.
  12. 11. Endorsement by the Mamlatdar Procedure where plainttif cannot write.
  13. 12. Rejection of plaint.
  14. 13. Return of Plaint.
  15. 14. Procedure where plaint admissible.
  16. 15. Attendance of witnesses.
  17. 16. Where plain tiff makes default, plaint to be rejected with costs. Where, defendant does not appear, case to be heard ex-parte. But case may be reheard on sufficient cause being shown. Or plaintiff may withdraw his suit.
  18. 17. When proceedings may be adjourned.
  19. 18. Minor may be a party. Power to add parties. Procedure in case of death of Party.
  20. 19. Points to be decided by Mamlatdar. at hearing. Power of Mamlatdar to examine other witnesses and inspect property in disputes. Record of proceedings by Mamlatdar. Orders to be passed by Mamlatdar upon decisions in favour of plaintiff and defendant.
  21. 20. Mamlatdar's order to be endorsed on plaint and read out in open Court.
  22. 21. Mamlatdars decision how executed. Proviso as to growing crops. Mode of serving injunction. Recovery of costs awarded. Disobedience to an injunction how a punishable.
  23. 22. Possession to be given without prejudice to rights of parties.
  24. 23. Bar of appeal. Collector's power to revise Mamlatdar's proceedings.
  25. 25. Punishment for verification of talse plaint.
  26. 26. Bar of certain suits.
  27. 27. Repeals and savings.
  28. Schedule. Schedule
  29. C. Schedule C
  30. Schedule C. Schedule C

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