JUDGMENT:- Rule was issued on 24.1.1997. Interim stay in terms of prayer clause (ii) operates.

2. The writ petitioner (land owner) feels aggrieved by the judgment of learned Member, Maharashtra Revenue Tribunal (MRT), dated 9th December, 1996, who confirmed the judgment of learned Tahsildar dated 14th July, 1986, accepting eligibility of the respondent (tenant) to pay purchase price in terms of Sections 46, 49-A of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (for short "Tenancy Act"), and set aside judgment of S.D.O, dated 6th October. 1986.

3. The status of the respective parties as land owner and tenant in respect of field Survey No.20, area 14 ares and 19 Gunthas at Mouza Wadali since 1951-52 is not in controversy.

4. The purchase proceedings were started in Revenue Case No.192/59 (13) of 1965-66 by the learned Tahsildar/Agricultural Lands Tribunal, Amravati (A.L.T. for short). Since the matter before learned ALT faced errors, the proceedings started under Section 49-A read with Section 46 of the Tenancy Act relating to six agricultural fields, were remanded by the Special Deputy Collector, Land Records, Amravati, enclosing copy of order dated 25th July, 1972. The ALT was directed to allow examination of Bhaurao Baldeo Khurade as a witness thoroughly to know full details of the case. The ALT was directed to enquire on the following points;

(a) Enquiry in respect of the purpose for which the trust is created.

(b) Enquiry in respect of the property owned by the trust should be made.

(c) Report of Chief Officer, Amravati should be obtained and enquiry to be made whether the fields in question are situated within the boundaries of Municipal Council.

5. The Chief Officer, Municipal Council, Amravati, being asked by ALT, by his certificate dated 14.2.1974 informed the fields are at Wadali and land Survey No.11 was situated within the limits of Municipal Council, Amravati.

6. In the said enquiry, the learned A.L.T. Amravati by his order dated 30th March, 1974, observed in paragraph 5 as under:

"5. Enquiry from the C.O. Amraoti reveals that all the suit fields are not situated that the boundaries of Municipality of Amraoti from as all the fields in question are the property of the public religious trust namely Shri. Mahadeo Sansthan Wadai which trust is eligible for exemption certificate u/s.129B of the Tenancy Act. The tenants in all the six cases are not entitled to purchase the field cultivated then u/s.41 of the tenancy Act and as such they are not entitled to transfer of ownership of fields in question under section 46 or 49-A of the Tenancy Act."

7. Then again the tenant approached the learned ALT by an application dated 5.2.1986 for fixation of price of land. He informed the ALT about his possession over the field since 1951-52 and accrual of right to purchase the suit field. The exemption certificate as was required in terms of Section 129(B) of the Tenancy Act was not obtained by landlord and hence, tenant urged, he has a right to purchase the land. A hearing was given to the landlord and tenant. ALT accepted tenant's eligibility for fixation of purchase price.

8. In pursuance to order dated 14th July 1986, by learned ALT. the tenant has, deposited the purchase price of Rs.1,660.56 and consequently, purchase certificate was issued in his favour and registered on 29.7.1986. The tenant has become a absolute owner of the land.

9. Several submissions were advanced by the learned Counsel for the writ petitioner/land owner. The gravamen is, once there is an order of A.L.T. dated 30th March, 1974 and not subjected to any challenge by the tenant, it operates as res-judicata, consequently, other authorities are not competent to reopen the issue. The requirement of collecting exemption certificate in terms of Section 129(b) from the learned Collector by the land owner, is not mandatory and it is sufficient if evidence is adduced that the entire income of such land is appropriated for the purpose of the trust.

10. The le

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