Question

Mamlatdar short note​

Answer 1

Answer:

Scope of Mamlatdar Court Act,1906

The word Mamlatdar is derived from the Arabic word ‘Muamala’ with suffix ‘dar’. Mu ‘amala’ means business, a serious, difficult or complicated matter.

The state government has power to appoint a Tahsildar (Mamlatdar) for taluka who shall be the chief officer entrusted with the local revenue administration of a taluka. The Mamlatdar has to function and perform various duties under section 70 of the Bombay Tenancy and agriculture Land Act. Tahsildar is assisted by Naib- TYahsildar- sec.1 of M.L.R.C.

Originally it was restricted to rural areas to give immediate possession of lands, premises, trees etc., as distinguished from urban matters. Jurisdiction was limited to agricultural lands or premises. But due to defective language in the act it was extended to towns and cities. Heavy work was given to the Mamlatdar and it was under consideration that the burden should be reduced and so section 5 provides that the jurisdiction of the Mamlatdar should be reduced to agricultural lands or premises used for agriculture or grazing.

Section 5(1) deprived the Mamlatdar to eject former owners and tenants who were formerly occupants of the lands before their interest were sold up by the civil courts. Therefore, provision made to leave to the civil courts, question arising as to the ejectment suits between purchasers and former owners but present tenants of lands Act, 1948, according to the explanation to that section the Mamlatdar’s court constituted under this Act is a civil court.

The Mamlatdar’s (Tahsildar) has discretion not to exercise his powers under section 5(1) of this act