44 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Thereafter the Caste Hindu Appellants again preferred an appeal in the Hight Court, Bombay. This case lingered for four years. Lastly Justic Broomfield and Justice Wadia rejected Caste Hindus’ appeal on 17th March 1937 since they could not prove their ownership of land of Chawdar Tank.
The Judgement of the High Court, Bombay reads as under :
“APPEAL No. 462 OF 1933 FROM APPELLATE DECREE
Narhari Damdoar Vaidya; and the others
(Original Plaintiffs Nos. 2 to 6)…….Appellants.
versus
Dr. Bhimrao Ramji Ambedkar, Member of Joint Parliamentary Committee, London; and others.
(Original Defendants)……
Respondents.
Second Appeal against the decision of S. M. Kaikini, Esquire, Second Assistant Judge at Thana in Appeal No. 32 of 1931.
Mr. V. B. Virkar for the Appellants,
Counsel Mr. S. V. Gupte, with Mr. B. G. Modak for Respondent No. 1.
17th March 1937
Coram :—Broomfield N. J. and Wadia J. J.
Oral Judgement Per Broomfield N. J.:—
The appellants, on behalf of the caste Hindus of the town of Mahad, sued the respondents, who represented the so-called ‘Untouchables’ for a declaration that the Chawdar Tank near the town belongs to them and that they alone have a right to use It and the respondents are not entitled to use it, and for an injunction against the respondents not to use it. The claim to ownership is not now persisted in and it is conceded that, as found by the trial court, the tank belonged to Government under the provisions of Section
37 of the Land Revenue Code and has now vested in the Municipality of Mahad under Section 50 of the District