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1970 Supreme(Guj) 78

J.B.MEHTA
CHANCHALBEN DAHYABHAI DESAIBHAI – Appellant
Versus
GUJARAT REVENUE TRIBUNAL – Respondent


Advocates Appeared: DIPAK M.SHAH, M.C.SHAH, MUKESH R.PATEL

J. B. MEHTA, J.

( 1 ) THESE three petitions raise an important question as to the true interpretation and the scope of sec. 88c of the Tenancy Act as to whether the landlords successor or assignee after 1-4-57 is entitled to get exemption certificate. Sec. 88c (1) provides that save as otherwise provided by the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act 1960 nothing in sec. 32 to 32r (both inclusive) shall apply to lands leased by any person if such land does not exceed an economic holding and the total annual income of such person including the rent of such land does not exceed Rs. 1500. 00. Under sec. 88c (2) every person eligible to the exemption provided in sub-sec. (1) shall make an application in the prescribed form to the Mamlatdar within whose jurisdiction all or most of the pieces of land leased by him are situate within the prescribed period for a certificate that he is entitled to such exemption. The proviso has been introduced by the Amendment Act 16 of 1960 on December 13 1960 that where such person is a widow she may make such application before the 1st day of July 1961 not with standing that the period prescribed under this section has expired. Rule











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