Dekkhan and Khandesh (Puna, Ahmednagar and Khandesh Districts

Dekkhan and Khandesh (Puna, Ahmednagar and Khandesh Districts

Bombay Regulation 29 of 1827

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[Dated 1st August, 1827]

LEGISLATIVE HISTORY 6

As to the application of Bombay Reg. 29 of 1827 to the Southern Maratha Country (Dharwar District), see Bombay Regulation 7 of 1830 as amended by Act 16 of 1895. As to its application to certain other territory, see Bombay 3 of 1863, Section 4. and Bombay 14 of 1866, section, 3 Cf. Section 4 of the Code of Civil Procedure, 1908 (5 of 1908).

1. A Regulation for bringing under the operation of the Regulations the Bombay territories in the Dekkhan and Khandesh.

Preamble : Whereas, subsequently to the conquest by the Company of the territories of the late Peshwa, in the Dekkhan and Khandesh, and the acquisition from other States by treaties and agreements of other territories within the said countries, the governments of all the said territories have, with the view of avoiding the abrupt introduction of extensive change, been conducted under the orders of the Governor in Council constituting a system which was calculated gradually to prepare the way for the introduction of the general rules of the [***] administration;

And Whereas, the Regulations for the administration of the Bombay territories have in the meantime been revised, and it has now been judged expedient to bring the territories in the Dekkhan and Khandesh under the revised Regulations, being the first [twenty-six (26) Regulations of 1827.,] with certain modifications;

the following rules have been enacted [* * * ]

2. First Regulations made applicable to Dekkhan and Khandesh. - The first [twenty-six (26) Regulations of 1827.,] [* * *] shall, from the 1st September, 1827, be of force and effect, except as specifically enacted to the contrary, throughout the Bombay territories in the Dekkhan and Khandesh, consisting of the zilas of Puna and Ahmednagar, as described in Appendix A to this Regulation [* * *]

3. Persons excluded from jurisdiction of Courts [Fees] Rep. Act XII of 1876. - With reference to the said zilas, [* * *] suits against certain persons of rank, as hereinafter specified shall not come under the jurisdiction of the Civil Courts.

List to be furnished to Judge

Second. - A [list of the said persons of rank will be furnished by] [the [State] Government] to the Judge, who will, on application, communicate the same to any person who, as plaintiff or defendant, may show that his interest requires his being-supplied with that information.

Agent to be appointed for trial of suits against them.

4. List and instructions to be furnished to him. - An [Agent of] [the [State] Government] shall be specially appointed for the purpose of receiving and trying and deciding all complaints of a civil nature which would, under the ordinary rules, be cognizable by either of the Judges of Pune and Ahmednagar against any of the persons [Contemplated in the preceding section;] he shall be furnished with a list of the [said persons of rank,] and with instructions descriptive of the respective rules of procedure to be followed in the case of each such person, and he shall communicate to any individual making application so much of the above-mentioned information as' such individual may show to be important to his own interest.

List and instructions what to compromise and provide

Second. - The list above-mentioned shall comprise three (3) classes of persons of rank; and the instructions above-mentioned shall provide three (3) several modes of procedure, applicable respectively to each class of the said persons of rank

5. Conduct of suits against first class persons. - Suits against the persons belonging to the first of the classes comprised in the Agent's list, being individuals of the very first distinction and influence under the Peshwa's Government on account of their birth, their political importance, or the religious estimation in which they were held, shall be conducted and decided by the Agent, reference being had in the most ample degree to the privileges of the defendant by former usage and custom enjoyed, and to other peculiar characteristics of the case conformable to like usage and custom;

Decrees not to be executed without reference to [State] Government Appeal

and no decree against any such defendant shall be enforced until the suit and all proceedings thereon shall have been referred to the [[State] Government] to [which] also the plaintiff may appeal], [which], as a special superior Court for the adjustment of such suits, will pass such order thereon as [it] may deem just and equitable, an appeal to the [Supreme Court] being open to either party.

Conduct of suit against second class persons

Second. - Suits against the persons belonging to the second of the classes comprised in the Agent's list, being individuals not equal in consideration to those above adverted to, but of high rank and importance under the Peshwa's Government, shall be conducted and tried by the Agents, reference being had in a great degree and in conformity to former usage and custom, to the rank of the defendant, his situation and privileges, under the Peshwa's Government, as affecting his creditor's means of compelling payment during that period, his present means of discharging the debt, and other points material to the real equity of the plaintiffs claim and the defendant's liability.

Appeal to [state] Government

At appeal against the Agent's decision to the superior Court of the [ [State] Government], as above constituted, shall be open to either party :

Limitation

The petition of appeal shall be presented either to the Agent or [to the [State] Government] within ninety (90) days (which period may be extended for good reasons) after the Agent's decision was passed; the rules for trial and decision of such appeal shall be the same as those prescribed for the original trial of the suit and a final appeal to the [Supreme Court] shall be open to either party.

Conduct of suits against third class persons

Third. - Suits against the persons belonging to the third of the classes comprised in the Agent's list, being individuals, inferior in rank to those of the classes previously described, but still equitably entitled, on account of the privileges hitherto enjoyed by them, to a certain special degree of consideration shall be conducted and tried by the Agent, in like conformity to usage and custom, with some relaxation of the rules of the general Regulations and some portion of attention to the points above specified for regulating his decisions in suits against individuals of the two superior classes.

Appeal to Sadr Adalat

An appeal to the Sadr Diwani Adalat against the Agent's decision shall be open to earlier party;

Limitation

The petition of appeal shall be presented, either to the Agent or to the Sadr Diwani Adalat, within ninety (90) days (which period may be extended for good reasons) after the Agent's decision was passed : the rules for trial and decision of such appeal shall be the same as those prescribed for the original trial of the suit; with which view the instructions of the Agent, with regard to the defendant, shall be communicated [by the [State] Government] to the Sadr Diwani Adalat; and a final appeal to the [Supreme Court] shall be open to either party [* * *]

[6. Exclusion of application to certain territories now in Gujarat. - Nothing in this Regulation shall as from the 1st day of May, 1960 apply in relation to territories described in Appendix A which are by section 3 of the Bombay Re-organisation Act, 1960, comprised in State of Gujarat,]

7. [Pleaders, jurisdiction, appeals, execution of decrees.] Rep. Act XIV of 1869.

[Appendix A]

(See section 2, clause 1st)

Territorial description of the Zilas in the Dekkhan and Khandesh, established under the Presidency of Bombay: formed of conquests from the Peshwa (Proclamation of occupation, 11th February, 1818), and cessions from Holkar (treaty 6th January, 1818), Sindia (treaty 6th February, 1820) and the Nizam (treaty 12th December, 1822).

Zila of Puna

The two (2) tarafs Haveli-Puna and Karyat-Maval.

The fifteen (15) the following villages of the taraf Keru Bara, namely

1. Sivra

2. Kondhanpur

3. Kalyan

4. Rahtavda

5. Ombra

6. Arvi

7. Divra

8. Kamsa

9. Khetkavla

10. Kumbosi

11. Gavardari

12. Gogalvad

13. Kaumthadi

14. Khed Sivapur

15. Kelvad

The three (3) following villages of the taraf Musa Khora. namely

1. Jamli

2. Sonapur

3. Sangrun

The three (3) following villages of the taraf Muta Khora, namely

1. Ambegaon

2. Bhavli

3. Ambi

The two (2) following villages of the taraf Kanad Khora, namely

1. Vinjer

2. Antroli

[The village of Apti, taraf Hardus, Maval.]

OLD LAW 6

The eighteen (18) tarafs Sanclus, Patas, Panbal, Mahlunga, Ausiri, Khed. Chakan, Ghoda, Vada. Ambegaon, Junna. Votur, Ala, Bela, Markhoda, Kokatner, Minner and Narayangaon.

The ten (10) following villages of the taraf Kudda, namely

1. Ambi

2. Khambori

3. Baradi

4. Lavki

5. Nandur Kandumal

6. Bhaugri

7. Aldara

8. Lingdi

9. Ghasgaon

10. Pimpalgaon Jog

The three (3) tarafs Andar Maval, Nani Maval and Paud Khora.

The thirty-two (32) following villages of the taraf Paun Maval, namely:-

1. Karunj

2. Ambegaon

3. Pusani

4. Chandkhed

5. Kila

6. Shevti

7. Sindgaon

8. Pavla

9. Kurda

10. Siravlr

11. Ghivandi Alvan

12. Apti

13. Kauler Khadak

14. Malavli

15. Shivli

16. Aridiv

17. Shivner

18. Bauver

19. Thugaon

20. Pardavdi

21. Mahagaon

22. Kusgaon

23. Yelsi

24. Bebarvohol

25. Riha

26. Pauchana

27. Bersi

28. Badavli

29. Arra

30. Ursi

31. Gotavra

32. Adala Khurd.

The three (3) tarafs Kari Pathar, Sasvad and Supa.

[So much of the two (2) tarafs Nir Thadi and Sirval as lies north of the Nira river.]

The six (6) tarafs Indapur Baramati Mohol, Under tappa to the west of the Sina river Bhusa and Teinburni.

The four (4) following villages of the taraf Karkam, namely :-

1. Gursalr

2. Badalkot

3. Karola

4. Ujini

The two (2) following villags of the taraf Kathi, namely ::

1. Sorsti

2. Shankargaon.

The three (3) tarafs Sholapur, Ahirvadi and Mandrup.

The five (5) following villages denominated the Sammot Phutgaon, namely

1. Andal

2. Muranchi

3. Nerkhed

4. Darphal

5. Mangrul

The seven (7) tarafs Indi, Tamba, Hippargi, Julvad-Kokatnur, Almel, Bardul and Ukli.

The three (3) following villages of the taraf Haveli Bijapur, namely

1. Ukmanhal

2. Kaulga

3. Ahleabad

The four (4) following villages of the taraf Horti. namely

1. Ranjanhal

2. Minchanhal

3. Tilihal

4. Kyatilkir

The qasba of Sindgi.

The six (6) following villages of the taraf Honvad, namely

1. Jalihal

2. Ramtirat

3. Yetinhal

4. Arahalli

5. Kaltavteghi

6. Ghonasghi

The seven (7) following villages of the taraf Anti, namely

1. Aralhatti

2. Abihal

3. Tangarri

4. Mangsula

5. Balgheri

6. Sambarga

7. Bemanhl

The two (2) following villages of taraf Halsanghi, namely

1. Bhatgunk

2. Gotihal

The six (6) following villages, namely

1. Avakor

2. Hina Parsalghi

3. Surpal

4. Tingni Biclri1

5. HongalhalW

6. KarjoV

The two (2) tarafs Talikoti and Nalatvad.

The qasba of Bagevadi and the two (2) villages of Masbinal and Yerval.

The four (4) following villages in the taraf Muhammadpur, namely

1. Jaynapur

2. Budeni

3. Ifpaldinni'

4. Gurodhal

The village of Bhaganagar, taraf Sednak.

The seven (7) following villages of the taraf Chimalghi, namely

1. Disalkop

2. Mijarkop

3. Murkatihal 4i Golsinghi

5. Gharri

6. Liklevadi

7. Maundghi

Zila Of Ahmednagar

(Ahmednagar Collectorship)

Barsi Panch Mahals.

The Peshwa's share of the pargana Doka.

The village of Vaghola in the Dharur pargana.

So much of the pargana Haveli-Parinda as lies west of the Sina river and the village of Sanori to the east of the said river.

The two (2) parganas of Jamkhed and Vanghi.

The Peshwa's share of Prant Karrevarit and that part of the Nizam's share which lies west of the Sina river.

The Peshwa's share of the Ashti pargana and the taraf Manur.

The two (2) tarafs Naga Haveli and Ranjangaon.

The Pargana Partner.

The nine (9) following villages in taraf Belha. namely

1. Davalgaon

2. Orngaon

3. Karnjavan

4. Babra

5. Kolgaon

6. Sidori

7. Ukargaon

8. Isapur

9. Andalgaon

The two (2) parganas of Kharda and Nevasa, except the village The two (2) tarafs Ganji-Bhoyra and Vavrad.

The pargana Bargaon Nandur.

The Peshwa's share of the two (2) parganas Bijapur and Gandapur, together with the village of Takli.

The pargana Sangamner, together with the three (3) qasbas of Rahata, Puntambo and Whava.

The thirteen (13) parganas, Dhandarphal, Kotul, Akola, Sinnar, Kumbhari, Patoda. Nasik, Trimbak. Vaghera, Vani, Dindori, Shevgaon and Chandor.

(Khandesh Collectorship)

The thirteen (13) parganas Laling, Songir, Ner, Amalner, Betavad, Dhangri, Garondol, Jalod, Chandshahar, Bhadgaon. Bhal, Utran and Masva.

The pargana Pachora which belongs to Sindia, but is governed by the British.

The taraf Lohara-l-Iaveli which belongs to Sindia, but is governed by the British.

The taraf Sangvi. in the Lohara pargana.

The five (5) parganas Shendurnit, Chalisgaon, Rajdesh, Mahombarai and Manikpuri.

The eighteen (18) following villages of the Kana Pargana, namely :-

1. Roller

2. Rohilla

3. Porkri

4. Malligaon

5. Champaner

6. Hingna

7. Naydongri

8. Sahkegaon

9. Kadra

10. Kanedi

11. Jalgaon

12. Jamdi

13. Tunvana

14. Palasgaon

15. Malpur

16. Vetalpur

17. Makrandarpur

18. Narsinhapur The two (2) qasbas of Ranjangaon and Jategaon.

The twenty-four (24) parganas Galna, Chikhalvohol, Tokra, Jhodga, Lohoner, Vakhari, Sandas, Jayteypur, Pissol, Tilvad, Korali, Otur, Pala, Hatgad, Kanasi, Pimpja, Pimpalner, Dhaiva, Varsa, Bhamen. Navapur, 'Nandurbar, Sultan pur and Kukarmunda.

The three (3) qasbas of Pankera, Umarpatta and Chaupala.

The principality of Akrani.

The pargana of Chopda which belongs to Sindia, but is governed by the British.

The two (2) parganas of Thalner and Amba.

The qasba of Sindva.

The pargana of Yaval which belongs to Sindia, but is governed by the British.

The two (2) parganas of Adavad and Savda.

The village of Changdev.

The pargana of Raver, including the taraf of Pal.

The four (4) parganas of Nasirabad, Jamner, Bodvad and Bornar.