JUDGMENT-This Second Appeal has got to be allowed on a very short point to which the attention of the lower Courts does not seem to have been invited.

2. A short statement of facts would be sufficient to formulate the point.

The suit property consists of R. S. No. 211 admeasuring 12 acres and 31 gunthas situate at Harali Budruk, Taluka Gadhinglaj, Dist. Kolhapur. Admittedly the property originally belonged to Prabhakarpant Korgaonkar and the defendant, who is the present appellant before me in this Second Appeal, was the tenant of the land. There is no dispute that the Bombay Tenancy and Agricultural Lands Act, 1948, (hereinafter, the Tenancy Act) was made applicable to this area on 1-5-1949. It appears that Korgaonkars started an educational institution in this area and the institution was registered under the Society's Registration Act in 1946. This institution was also registered under the Public Trust Act on 30th October 1952.

On 16-7-1951 the Korgaonkars gifted the suit land to the Trust by a registered gift· deed executed on that date. There is no dispute that on the date on which the gift-deed was executed by Prabhakarpant Korgaonkar to the Trust, which was called Shri Govin

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