LAWS(BOM)-2024-7-123

MEHUL H. DALAL Vs. IRANIAN ZOROSTRIYAN ANJUMAN TRUST

Decided On July 02, 2024
Mehul H. Dalal Appellant
V/S
Iranian Zorostriyan Anjuman Trust Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith with consent of the parties and taken up forthwith for final disposal.

(2.) By this petition filed under Article 227 of the Constitution of India, exception is taken to the judgment and order dated 27 th November 2019 passed by the Maharashtra Revenue Tribunal [for short "the MRT"] in Revision Application No.TNC/REV/PAL/152/2019. By the said judgment, MRT dismissed the revision application filed by the Petitioners challenging the exemption certificate granted under Sec. 88B (2) of the Maharashtra Tenancy and Agricultural Lands Act [For short "the Tenancy Act"] by the Sub Divisional Officer, Palghar [for short "the SDO"]. The Petitioners and their pre-decessors in title are referred to interchangeably as Petitioners and the Respondent No 1 Trust and the Trustees are referred to as Respondents.

(3.) The subject land in respect of which the exemption certificate has been granted is agricultural land bearing Survey No.942 admeasuring 108 acres situated at Village Mahim, Taluka and District Palghar. Survey No 942 was leased by the State Government for period of 999 years. By an indenture of lease dtd. 6/10/1944, the Respondents initially granted a lease to the Petitioners for a period of 12 years which was extended for a period of 10 years till 8 th June 1962 and the Petitioners continued in possession of the suit land even thereafter.