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1996 Supreme(SC) 85

G.B.PATTANAIK, K.RAMASWAMY
Naranbhai Dayabhai Patel – Appellant
Versus
Suleman Isubji Dadabhai – Respondent


ORDER

This appeal by special leave arises from the judgment of the Division Bench of the Gujarat High Court in L.P.A. No. 10/76 dated July 27, 1979. The undisputed facts are that the Bombay Tenancy & Agricultural Lands, Act, 1948 (for short, the Tenancy Act ) was amended from time to time. The Amendment Act, 1956 had come into force on August 1, 1956. By operation of Section 32 of the Tenancy Act, the tenant has become a deemed purchaser w.e.f. April 1, 1957 which is envisaged by the Act as the "Tillers day". The erstwhile land-holder, the respondent on December 12, 1956 terminated the tenancy of the appellants and filed the Trust deed before the Assistant Charity Commissioner under Section 18 of the Bombay Public Trusts Act, 1950 (Bom. Act XXIX of 1950) (for short, the Act ) for registration. On January 31, 1957, the Trust was registered without any notice to the appellants. Against the said registration, the appellants carried the matter in appeal to the Charity Commissioner under Section 70 of the Act. But the Charity Commissioner by his order dated August 8, 1957 dismissed the appeal holding that "It is difficult to accept this argument". A trust is a mode of transfer known t









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