TRUST FOR EDUCATION ACHALPUR Vs. CHANDRABHAN AKAJI DHOR

JUDGEMENT

(1.) THE question which arises in this petition is whether the lands in respect of which a trust has been made by the owner for education of the male members and children in his family are exempted from the provisions relating to the statutory transfer of ownership. The respondent is the tenant of survey number 13, area 15 acres 1 guntha, of village Bag Ambada, tahsil Achalpur, district Amravati. This field originally belonged to one Madhaorao Vithalrao Pangarkar. He got this field in a family partition made on 13-1-1950 when the respondent was already cultivating the field as a lessee. Madhaorao Pangarkar created a trust on 16-8-1960 in respect of about 60 acres of land including the land in dispute and himself became the managing trustee. The trust deed which is a registered document recites that the income of the trust property is required to be spent exclusively for the education of all the existing male children in the family as also for the education of the male children that would be born from time to time in the family.

(2.) WHEN the proceedings for transfer of statutory ownership were started before the Agricultural Lands Tribunal, Achalpur, it was contended on behalf of the landlord that the tenant cannot get any right to purchase the field as it was owned by the trust for educational purposes. In his evidence the original owner stated that his two sons and his grand - son were taking education and that the field was kept separate for educational purposes. It was expressly stated by him that the trust was made exclusively for the education of the family members.

(3.) THE Agricultural Lands Tribunal accepted the contention of the landlord and held that the provisions of Sections 46 to 49 - A of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, hereinafter referred to as the Tenancy Act, did not apply to the field in view of the provisions of Section 129 (b) of the Tenancy Act and the proceedings were, therefore, dropped.