LAXMIBAI S PATIL Vs. BADASHAH SULTAN MUTWALI

JUDGEMENT

(1.) Substitution application is allowed.

(2.) We have heard learned counsel for the parties. The short question which arises for our consideration in this appeal relates to requirement of condition (ii) OF the proviso to clause (b) of Ss. (1 of Section 88-B of the Bombay Tenancy and Agricultural Lands Act, 1948 - "the BT and AL Act".

(3.) Respondent is the Managing Trustee of the Hajarat Pir, Babujmal, Deosthan Public Trust, Kolhapur. The appellants were tenants of some of the lands of that Trust under the BT and AL Act. The respondent made an application under Rule 52 (1 of the Bombay Tenancy and Agricultural Lands Rules, 1956 before the District Deputy Collector, Karvir Division, Kolhapur seeking grant of an exemption certificate under Section 88-B of the BT and AL Act in favour of the Trust in respect of its lands on which the appellants were the tenants. That Collector on an enquiry held under Ss. (2 of Section 88-B of the BT and AL Act, being satisfied that the Trust was an institution for public religious worship registered under the Bombay Public Trusts Act, 1950 as required clause (i) of the proviso to Ss. (1 of Section 88-B of the BT and AL Act and the entire income from the lands for which exemption certificate was sought was appropriated for the purpose of the Trust as required by clause (ii) of the proviso to Ss. (1 of Section 88-B thereof, granted the certificate of exemption sought for, on 27/5/1963.