Validity of certificate under hereditary offices law upheld for watan lands, requiring cancellation of the affected decree.

A certificate under section 10 of the Bombay Hereditary Offices Act, 1874, addressed to the Supreme Court was treated as valid because the abolition of Privy Council jurisdiction and the constitutional transition meant the pending matter and resulting authority devolved through the Federal Court to the Supreme Court as successor court. The Court also noted that the lands were recorded as watan property assigned as remuneration for the office of Patil, bringing them within the Act. As section 10 required cancellation on receipt of a valid certificate, the decree had to be cancelled insofar as it affected the Patilki office and the attached watan lands.

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Issues: Whether a certificate issued under section 10 of the Bombay Hereditary Offices Act, 1874, addressed to the Supreme Court was valid so as to require cancellation of the decree insofar as it affected watan lands assigned as remuneration to the office of Patil.

Analysis: The earlier objection that the certificate had to be addressed to the Privy Council was rejected because the legal effect of the abolition of the Privy Council jurisdiction and the constitutional transition was that the pending appeal and the resulting order were treated as having devolved through the Federal Court and then to the Supreme Court. On that basis, the Court held that it was competent to receive the certificate as the successor court. Since the certificate related to property recorded as watan property assigned as remuneration under the Act, and section 10 made cancellation mandatory on receipt of a valid certificate, the only remaining objection failed.

Conclusion: The certificate was valid, and the decree was liable to be cancelled insofar as it concerned the Patilki office and the attached watan lands.

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