Important Points
1. The exclusion of Section 54 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act by necessary implication also excludes the provisions of ordinary law of succession and inheritance from the tenancy of agricultural lands of institutions falling under Section 129(b).
2. In the case of lands belonging to a trust or an educational institution falling within Section 129(b) of the Bombay Tenancy and Agricultural lands Act, the tenancy is not heritable.

Headnote:Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958-Section 54 read with Section 129(b)-Lands belonging to trust etc.-Heritability on death of tenant-Section 54 which makes tenancy heritable is expressly made inapplicable to tenancy falling u/s. 129(b)-Exclusion of Section 54 by necessary implication also excludes provisions of ordinary law of succession and inheritance from tenancy of agricultural lands of institutions falling under Section 129(b) -Lands falling u/s. 129 not heritable.
       Held : Ostensibly seeks to bring the relationship of landlords and tenants in the Vidarbha Region in line with the position prevailing in other parts of the State of Maharashtra. The other object of the Act is to regulate and impose restrictions on the transfer of agricultural lands and to provide for the assumption of the management of the agricultural lands and to make certain other provisions. The Act, therefore, is not meant entirely for the benefit of tenants although it gives valuable rights to the tenants of agricultural land generally. Under Section 2(32) a “tenant” is defined to mean a person who holds land on lease and includes-(a) a person who is deemed to be a tenant under Sections 6, 7 or 8 and (b) a person who is a protected lessee or occupancy tenant. (Para 6)
       These sections which form a part of Chapter III do not apply to tenancies of lands covered by Section 129. Only some of the preceding provisions of the Tenancy Act of 1958 apply to tenancies of lands belonging to trusts for educational purposes or institutions for public religious worship provided the entire income of such land is appropriated for the purposes of such trusts. The provisions which apply are Section 2, all sections falling under Chapter II with the exception of Sections 21, 22, 23, 24 and 37; Section 91, Chapter X and Chapter XII. Section 54 which forms a part of Chapter III, therefore, does not apply to the land belonging to such a trust or an institution for public religious worship. (Paras 7 & 8)
       Section 54 which makes tenancies heritable is expressly made inapplicable to tenancies of lands falling under Section 129(b). What is the effect of Section 129 which excludes the application of Section 54 to the tenancies of lands belonging to such trusts and institutions? The obvious effect is that the provisions contained in Section 54 will not apply. But is it also intended thereby that such a tenancy shall not be heritable? The best way to answer this question would be to see what would be the effect of holding that such a tenancy would be otherwise heritable. First of all, Section 54 makes, if it all, only a slight departure from the ordinary law of succession. Clause (b) of Section 54(1) provides that if the deceased tenant was not a member of an undivided Hindu family, the tenancy would go to his heirs. Since this is the ordinary law of inheritance, its exclusion must entail exclusion of the ordinary law of inheritance. Sub-section (3) of Section 54 provides that the interest of an occupancy tenant on his death shall pass by inheritance or survivorship according to his personal law. This also is nothing but a statement of the ordinary law of inheritance and succession. If we were to hold that the ordinary law of succession applies, the result would be, at least in the case of a tenant who is not a member of an undivided Hindu family, and an occupancy tenant, that his heirs would be entitled to succeed to the tenancy. At the same time, exactly the same provision in Section 54(1)(b) and Section 54(3) would not apply! This would lead to a self-contradictory situation. It is, therefore, clear that at least for tenants of the description falling under Section 54(1)(b) and Section 54(3), the ordinary law of inheritance is not applicable in all cases where tenancies are not governed by Section 54. The exclusion of Section 54 necessarily implies exclusion of ordinary law of inheritance. However, the ordinary law also provides for testamentary succession. Section 54 does not preserve the right of a tenant to make a will bequeathing his tenancy to a person of his choice in the case of those tenancies which are governed by Section 54. Heritability is to be governed entirely by Section 54. Therefore, by excluding Section 54, the clear intention is to make such tenancies non-heritable. (Para 9)
       Section 54(1)(a) makes a slight departure from Hindu Law of Succession. Inheritance by survivorship is conferred on all members of the joint family instead of only the coparceners. Therefore, all members of the joint family-male and female inherit. The provisions in the Hindu Succession Act in cases where there are female heirs of a male having an interest in the joint family property, are also not applicable. The question is whether by reason of this departure from ordinary law, the legislature intended that tenancies not covered by Section 54(1)(a) would nevertheless be governed by the ordinary law. In our view Section 54(1)(a) cannot be read differently from Section 54(1)(b) or Section 54(3). The entire section must be read harmoniously. The legislative intention as seen from the scheme of Section 54 is, that heritability of any tenancy falling within the definition of that term under the Tenancy Act of 1958 is governed exclusively by Section 54. Where Section 54 is made expressly non-applicable under the Tenancy Act of 1958, the tenancy is not heritable at all. An express provision in the Act which excludes the operation of certain provisions, cannot be made nugatory by resorting to general law. (Para 10)
       This conclusion is strengthened by the fact that Section 37 which forms a part of Chapter II is also expressly excluded from application to the tenancies of such trusts. Therefore, in the case of tenancies of such trusts, preservation of rights and privileges of a tenant under any law for the time being in force is excluded. Therefore, the rights and privileges of any tenant of such land belonging to a trust or religious institution would only be as prescribed under the Tenancy Act 1958. A resort cannot be had to any other law for the time being in force to determine their rights and privileges. (Para 11)
       The exclusion of Section 54 by necessary implication also excludes the provisions of ordinary law of succession and inheritance from the tenancy of agricultural lands of institutions falling under Section 129(b). (Para 13)
       Consequently held : The High Court was, therefore, not right when it held that although Section 54 is excluded, the ordinary law of succession and inheritance is not. And, therefore, the tenancy of lands belonging the institutions covered by Section 129(b) would be heritable under the ordinary law if not under Section 64. (Para 13)

Judgment

Mrs. Sujata V. Manohar, J.-The appellants in these appeals are trusts, either for an educational purpose or are institutions for public religious worship. The entire income from the lands belonging to each of these institutions is appropriated by it for the purposes of the trust. All these institutions are covered by Section 129(b) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as ‘the Tenancy Act of 1958’). Section 129 of the Tenancy Act of 1958 is as follows:

“129. Nothing in the foregoing provisions except Section 2, the provision of Chapter II (excluding Sections 21, 22, 23, 24 and 37) and Section 91 and the provisions of Chapters X and XII in so far as the provisions of the said Chapters are applicable to any of the matters referred to in sections mentioned above shall apply-

(a) ........

(b) to lands which are the property of a trust for an educational purpose, hospital Panjarpole, Gaushala, or an institution for public religious worship, provided the entire income of such lands is appropriated for the purpose of such trust; and

(d) ...........

Explanation-For the purpose of clause (b), a certificate granted by the Collector after holding an inquiry, that the conditions mentioned in the said clause are satisfied by the trust shall be the conclusive evidence in that behalf.”

2. Each of these trusts have been granted a certificate by the Collector under the Explanation to Section 129 of the Tenancy Act of 1958.

3. The respondents in each of the appeals and/or their predecessors-in-title were tenants in respects of the lands belonging to the appellants. On the death of the tenant, the appellants filed an application for summary eviction of the respondents under Section 120 of the Tenancy Act of 1958. The appellants contended that on the death of the tenant, the tenancy came to an end and they were entitled to obtain possession of the lands. In these proceedings, ultimately the Maharashtra Revenue Tribunal in revision held that the tenant of the appellants-trust had not become a statutory purchaser under the Tenancy Act of 1958. However, the heirs of the deceased tenant were entitled to succeed to the tenancy. Hence the revision application of the appellants was dismissed. This decision was challenged by the appellants by filing a writ petition before the High Court. The High Court has dismissed the writ petitions so filed on the ground that the issue is covered against the appellants by a decision of the Full Bench of the Bombay High Court in Khanqah-Kadria Trust (Wakf), Balapur v. Shevantabai wd/o Raoji Shivaji1. This has led to the filing of the present appeals.

4. The question which requires consideration in all these appeals is whether, in the case of lands belonging to a trust or an educational institution falling within Section 129(b) of the Tenancy Act of 1958, the tenancy is heritable on the death of a tenant, by his heirs. Under Section 54, which forms a part of Chapter III of the Tenancy Act, 1958, it is provided as follows:

“54. (1) Where a tenant dies, the landlords shall be deemed to have continued the tenancy-

(a) if such tenant was member of an undivided Hindu family to the surviving member of the said family, and

(b) if such tenant was not a member of an undivided Hindu family, to his heirs, on the same terms and conditions on which such tenant was holding at the time of his death.

(2) Where the tenancy is inherited by heirs other than the widow of the deceased tenant, such widow shall have a charge for maintenance on the profit of such land.

(3) The interest of an occupancy tenant in his holding shall on his death pass by inheritance or survivorship in accordance with his personal law.”

The marginal note to Section 54 sets out, “Rights of tenants to be heritable”.

5. Section 129, however, which deals with the tenancy of lands belonging,

Click Here to Read the rest of this document

1998 Supreme(SC) 1247

Cases Referred (2)