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SHARMILA U. DESHMUKH
Mehru H. Dalal – Appellant
Versus
Iranian Zorostriyan Anjuman Trust – Respondent
JUDGMENT :
SHARMILA U. DESHMUKH, J.
1. Rule. Rule made returnable forthwith with consent of the parties and taken up forthwith for final disposal.
2. By this petition filed under Article 227 of the Constitution of India, exception is taken to the judgment and order dated 27th November 2019 passed by the Maharashtra Revenue Tribunal [for short “the MRT”] in Revision Application No. TNC/REV/PAL/152/2019. By the said judgment, MRT dismissed the revision application filed by the Petitioners challenging the exemption certificate granted under Section 88B (2) of the Maharashtra Tenancy and Agricultural Lands Act [For short “the Tenancy Act”] by the Sub Divisional Officer, Palghar [for short “the SDO”]. The Petitioners and their predecessors in title are referred to interchangeably as Petitioners and the Respondent No 1 Trust and the Trustees are referred to as Respondents.
FACTUAL MATRIX:
3. The subject land in respect of which the exemption certificate has been granted is agricultural land bearing Survey No. 942 admeasuring 108 acres situated at Village Mahim, Taluka and District Palghar. Survey No 942 was leased by the State Government for period of 999 years. By an indenture of lease dated
The court affirmed that the exemption certificate under Section 88B of the Tenancy Act was valid as the Trust met the necessary criteria, and the Petitioners' claims of tenancy did not negate this.
Exemption under Section 88-B of the Tenancy Act does not divest tenant of rights acquired on the tillers' day, even if a subsequent exemption is granted to the trust.
The amendments under Section 88-E of the Tenancy Act are not retroactive, protecting previously established rights in tenancy disputes, while valid grounds for termination and future mesne profits we....
The central legal point established in the judgment is the significance of the exemption certificate under Section 88C of the Maharashtra Tenancy and Agricultural Lands Act, 1948, in determining proc....
The court established that an exemption from the provisions of the Bombay Tenancy and Agricultural Lands Act must be issued by the State Government through a formal notification, and that failure to ....
The court established that tenancy rights can be terminated not only by efflux of time but also by changes in land use as per statutory provisions.
The ownership certificate under Section 38-E of the Hyderabad Tenancy Act, 1950 is a formal declaration of ownership conferred on the protected tenant by virtue of the statutory provisions, and the i....
The court established that while conditions of land regrant are binding and must be complied with, enforcement actions based on breaches must be initiated within a reasonable time frame to be valid.
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