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2006 Supreme(Bom) 1133

B.P.DHARMADHIKARI
MAROTI SANSTHAN, TIWSA – Appellant
Versus
GULAB HARIBHAUJIRAPURE (dead) – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The petitioner, a trust, challenged an order of the Maharashtra Revenue Tribunal regarding the heritability of tenancy rights and the validity of exemption claims under relevant land and trust statutes (!) (!) .

  2. The primary legal issue involved whether the trust's registration status on the relevant "tillers' day" (the date of land transfer or possession) affected its entitlement to exemption under the applicable laws, specifically sections 88-B of the Bombay Tenancy and Agricultural Lands Act, 1948, and section 129(b) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (!) (!) .

  3. The law states that exemption under section 88-B of the 1948 Act is available only to trusts that are or are deemed to be registered under the Bombay Public Trusts Act, 1950, with registration or deemed registration being a necessary condition for exemption (!) (!) .

  4. Conversely, section 129(b) of the 1958 Act provides exemption to lands owned by trusts for specific purposes (educational, religious, hospital, etc.) if the entire income from such lands is dedicated to the trust’s purpose, without explicitly requiring registration under the Bombay Public Trusts Act (!) (!) .

  5. The validity of the exemption certificate issued to the trust under section 129(b) is considered conclusive evidence of the trust’s compliance with the conditions, and this certificate cannot be questioned in collateral proceedings (!) (!) .

  6. The date of registration of the trust (whether before or after the tillers' day) is crucial in determining the land's vesting and the trust’s eligibility for exemption. If the trust was not registered or deemed registered before the relevant date, the land vests in the landowner or respondent, affecting exemption claims (!) (!) .

  7. The court emphasized that the trust’s registration under the Madhya Pradesh Public Trusts Act, 1950, is deemed to be registration under the Bombay Public Trusts Act, 1950, which is relevant for exemption purposes under section 88-B (!) (!) .

  8. The court observed that the exemption under section 129(b) does not require the trust to be registered under the Bombay Public Trusts Act, as long as the trust’s income is exclusively used for its purposes and the relevant certificate is issued (!) (!) .

  9. The court found that the objections regarding the trust's registration status on the relevant date and the validity of the exemption certificate could not be sustained, leading to the quashing of the tribunal's order and the restoration of the previous order of the subordinate authority (!) (!) .

  10. Overall, the judgment clarified the distinctions between the registration requirements under different statutes and reinforced that exemption claims depend primarily on the trust’s compliance with the specific conditions of the applicable law, rather than solely on registration status (!) (!) (!) .

Please let me know if you need further elaboration or specific legal advice based on these points.


ORAL JUDGMENT : - By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner -trust has challenged the order of Maharashtra Revenue Tribunal dated 31 -3 -1992, by which Maharashtra Revenue Tribunal has held that the tenancy of public trust is heritable and has relied upon the ruling of this Court reported in Khanqah -Kadria Trust (Wakf), Balapur vs. Shevantabai wd/o Raoji Shivaji, 1989 Mh.L.J. 891. It, therefore, allowed the revision preferred by present respondent and set aside the order of Sub Divisional Officer, whereby the Sub Divisional Officer held that tenancy is not heritable and, therefore, passed orders under section 120, restoring the possession to the present petitioner by ejecting the respondents.

2. Mr. Chandurkar, Advocate has filed application for consequential amendment and the same is rejected being belated. Mr. Chandurkar, while arguing the case for the petitioner has stated that the Sub Divisional Officer had relied upon the earlier judgment of this Court reported in Ramchandra Nagoji Bondre and others vs. Shri Mangaleshwar Maharaj Sansthan and others, 1986 MhLJ. 125 to hold that the tenancy of public trust cannot be inhe






































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