YOGI ANAND SWAMY TRUST Vs. RAMCHANDRA DATTATRAYA PHULE

JUDGEMENT

(1.) HEARD. RULE made returnable forthwith. At the outset the petitioner in this case prays for amendment of this petition as the petitioner intends to delete respondent Nos. 1 to 6 and 8 from this petition. The oral application made by Mr. Deshpande on behalf of the petitioner is granted. Amendment is allowed.

(2.) THE petitioner is this case is a Trust having agricultural lands in Taluka Saswad, district Pune. Respondent Nos. 1 to 5 and 8 are the tenants in the said lands. Since respondent Nos. 1 to 5 and 8 were the tenants in respect of certain land on the Tillers day, 32 (g) proceedings started against the petitioner - Trust. However, with a view to save some part of the land for the Trust, the Trust decided to compromise with the tenants. It appears that the petitioner - Trust was successful in settling the dispute by compromise and by virtue of the said compromise with the tenants the petitioner - Trust retained a portion of the land and agreed rest of the land to be purchased by the tenants under section 32 (g) proceedings. The petitioner - Trust thereafter sent the said terms of the compromise to respondent No. 7 for his section under section 36 (1) of the Bombay Public Trust Act, 1950. But, respondent No. 7 rejected the same on the ground that the petitioner - Trust ought to have obtained sanction prior to entering into such a compromise with the respondent-tenants. Since they had failed to do so, the compromise entered into between the petitioner - Trust and respondent-tenants was declared illegal. Respondent No. 7 has further observed that in view of the steps taken by the petitioner - Trust to compromise the dispute in respect of the trust properties with the respondent-tenants, necessary action be taken against the petitioner - Trust under section 67 of the Bombay Public Trust Act, 1950. Against this order dated April 3, 1992, passed by respondent No. 7, the petitioner - Trust has filed the present writ petition.

(3.) MR. Nitin Deshpande, the learned Counsel appearing on behalf of the petitioner - Trust, contended that the petitioner - Trust was admittedly registered on September 9, 1958, i. e. definitely after the tillers day i. e. April 1, 1957. Therefore, in view of the decision given in the case of (Shri Laxminarayan Temple v. Laxman) 1969 Mh. L. J. 476, the petitioner - Trust being registered after April 1, 1957, is not entitled to exemption certificate under section 88 (b) of the Bombay Tenancy and Agricultural Lands Act.