JUDGMENT - Deshphande V.S., J.: - This Letters Patent Appeal, against a judgment of a learned single Judge of this Court in Second Appeal, on a certificate by him raises a question of some importance, namely whether tenancy rights of a statutory tenant in the agricultural lands belonging to the Public Trust, covered by section 88B of the Bombay Tenancy and Agricultural Lands Act. (hereinafter referred to as Act) and heritable or not.

2. The appellant-the original plaintiff and defendants Nos. 2 to 4 are

sisters. Defendant No.1 is the son of the defendent No.2. Plaintiffs mother

Bhagirathibai died on 31st May 1958. The plaintiff filed this suit for possession of her share, as an heir, in the properties left by her mother including the agricultural lands detailed at Serial Nos. B, C and D in part(1) of the plaint. The lands belong to a Public Trust and the deceased Bhagirathibai was the tenant thereof. The lands are held to have been covered by section 88B of the Act. The plaintiffs suit was decreed by the trial Court as well as the first Appellate Court. Apte J. however, allowed defendant No. 1s Second Appeal to the extent of the lands in paras B to D of the plaint on the limited groun

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