JIVABHAI PITAMBARBHAI DECD Vs. MANEK JAMSHEDJI RATANSHA GIARA

JUDGEMENT

(1.) The petitioner is a tenant of respondent no. 1 - Parsi Panchayat Board and Late Pirojbai Manekji Singaporewala-Parsi Girls School Trust Surat (hereinafter referred to as the Trust).

(2.) There is no dispute that the Trust falls within the provisions of sec. 88 of the Bombay Tenancy and Agricultural Lands Act 1948 (hereinafter referred to as the Act ). A certificate has also been granted by the Collector to the Trust under sec. 88-B(2) of the Act with the result that certain provisions of the Act including the provisions of sec. 32-G were not applicable to the properties held by the Trust.

(3.) However the present petitioner who is also admittedly a tenant of the Trust made an application before the Mamlatdar and Agricultural Lands Tribunal Choriyasi Prant Surat for the purchase of land in his possession. The Mamlatdar held proceedings under sec. 32-G of the Act. One Sorabji Rustomji Katpitia Secretary of the Parsi Panchayat Board Surat attended the proceedings on 27-1-1975 before the Mamlatdar when his statement was recorded. He stated therein that the Trust was ready and willing to sell the land in question to the petitioner and the Mamlatdar may therefore determine the sale price thereof according to law. In view of the said statement the Mamlatdar passed an order fixing the sale price of the land in question.