BHIMRAO CHANDRU PATIL Vs. BALKRISHNA DATTATRAYA JOSHI

JUDGEMENT

(1.) THIS petition is by a tenant, directed against the order dated 26-2-1982 passed by the Sub-Divisional Officer, Walva Division, Dist. Sangli directing issuance of certificate in favour of landlords under section 88 of the Bombay Tenancy and Agricultural Lands Act, 1948 (Act for short) in form No. XIII prescribed under Rule 62 (3) of the Bombay Tenancy and Agricultural Lands Rules, 1956 (Rules for short) framed under the Act. The facts giving rise to the present petition in nutshell are as under :-

(2.) ONE Vithoba Deosthan is a registered public Trust registered under B. P. T. Act, 1950. The respondent No. 1 claiming to be vahiwatdar/trustee of the said trust, on 22-4-1974, had applied for grant of exemption certificate under section 88-B of the Act and Rules framed thereunder. The said application was rejected by the then Assistant Collector, Walva Division, Sangli vide its order dated 27-3-1976 holding that no evidence was tendered by the applicant to prove that the income earned by the trust from the registered property i. e. land in question was being appropriated for the purposes of such trust. The applicant/respondent No. 1 was held not eligible for grant of certificate under section 88-B of the Act.

(3.) THE respondent No. 1 had preferred revision petition before the M. R. T. Kolhapur. The same was dismissed on 30-9-1977. The prayer for review also came to be rejected on 2-6-1978. Here the first round of litigation came to and end.