MALLAPPA KALLAPA SHAHAPURE Vs. NARASINGH SARASWATI DEO

JUDGEMENT

(1.) THIS petition is by tenants or agricultural land whose rights to purchase the land under section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the "act") have been interfered with by the Maharashtra Revenue Tribunal (for short the "m. R. T. ") by remanding the proceedings to the Tahsildar for enabling the respondent to produce an exemption certificate, even though the matter had been remanded earlier for the same purpose, but to no avail.

(2.) THE petitioners father deceased Kallapa Ningappa Shahapure was a tenant in possession and cultivation of the agricultural land bearing Survey No. 321/2, admeasuring six acres 39 gunthas, now gat No. 1095, situate at Alas, taluka Shirol, District Kolhapur, on the tillers day. The father was a tenant of the suit land even prior to 1957. The petitioners assert that the land in question belonged to one Vasudeo Pujari.

(3.) PROCEEDINGS under section 32-G of the Act were initiated in order to enable the petitioners to purchase the land under the provisions of the Act since the petitioners have been found to be in possession on 1-4-1957. These proceedings were, however, dropped. The petitioners, therefore, filed an appeal before the Deputy Collector for Tenancy. The Appellate Court observed that the A. L. T. who had dropped the proceedings had wrongly presumed that the suit property is covered under the provisions of section 88-B of the Act. Section 88-B exempts lands which are property of the trust, including a public trust registered under the Bombay Public Trusts Act from the applicability of several provisions of the Act, including the provisions which confer the rights of statutory purchase on tenants. The Appellate Court rightly observed that for the applicability of section 88-B resulting in exemption of the lands, two things are necessary. Firstly, that the suit land must be a property of the trust for educational purpose or public religious worship, etc. , and secondly, that there is a certificate from the Collector to the effect that the entire income of such land is appropriated for the purpose of the said trust.