D. G. KARNIK, J.

( 1 ) BY this petition, the petitioners challenge the certificate of exemption granted under section 88-B of the Bombay Tenancy and agricultural Lands Act, 1948 (for short "the B. T. and A. L. Act")

( 2 ) RESPONDENT Nos. 1 to 7 are the trustees of Shri Maruti Deo Trust Pimpli limtek (for short "the trust") which is registered as a public trust under the bombay Public Trusts Act, 1950 (for short "the BPT Act" ). The trust is the owner of the lands bearing Gat No. 264 and 265 of Village Pimpli, Taluka baramati, District Pune (for short "the said lands" ). The petitioners are the tenants of the trust since long and it is not disputed that they were in possession of the said lands on 1st April, 1957 i. e. the "tillers day" prescribed under BT and al Act. The respondent Nos. 4 to 7 made an application to the Collector, the respondent No. 10 herein for issuance of a certificate of eligibility for exemption under section 88-B of the BT and AL Act on 9th July, 1986. A notice of enquiry was issued to the petitioners and they were given even an opportunity of cross-examining the applicant trustees. In the cross-examination, the trustees of the trust admitted that the