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1998 Supreme(SC) 1247

A.P.MISRA, SUJATA V.MANOHAR
Shriram Mandir Sansthan Alias Shri Ram Sansthan Pusda – Appellant
Versus
Vatsalabai – Respondent


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

(c) ..........

(d) .




























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