RAMCHANDRA NAGOJI BONDRE Vs. SHRI MANGALESHWAR MAHARAJ SANSTHAN

JUDGEMENT

(1.) THIS appeal by the legal representatives of deceased Nagoji the original tenant, is directed against the summary dismissal by a learned single Judge of Writ Petition No. 1347 of 1979, by which the petitioners had challenged the orders passed by the Sub -Divisional Officer and the Maharashtra Revenue Tribunal, holding that the petitioners could not have succeeded to the rights of the tenant, in view of the provisions of section 129 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 ('the Vidarbha Tenancy Act' for short), and directing possession of the land to be delivered to the respondent No. 1 Shri Mangaleshwar Maharaj Sansthan, Ansing, a public trust.

(2.) THE deceased Nagoji Bondre was the tenant of survey No. 96/2,22 acres and 37 gunthas, situated at Ansing, owned by Shri Mangaleshwar Maharaj Sansthan, a public trust (respondent No. 1). The respondent No. 1 held a certificate under section 129 -B of the Vidarbha Tenancy Act. The petitioners, the two sons and the widow of the deceased Nagoji, claiming to be the legal representatives of Nagoji, entered into possession of the land, after Nagoji's death on 2 -12 -1975. Proceedings were initiated by the respondent No. I for possession before the Sub -Divisional Officer, Washim who, by his order dated 29 -10 -1976, held that the petitioners could not continue in possession of the land after Nagoji's death, and directed them to deliver possession to the respondent No. 1. A revision application filed before the Maharashtra Revenue Tribunal was dismissed on the ground that in view of the provisions of section 129, which excluded the operation of section 54 of the Vidarbha Tenancy Act, the petitioners could not claim to have become tenants by succession. The writ petition filed by the petitioners was dismissed by a learned single Judge and the dismissal of the writ petition is questioned by the petitioners in this appeal.

(3.) FOR appreciating whether there is a right of inheritance in favour of the tenants of the categories mentioned under section 129 of the Vidarbha Tenancy Act, it is necessary to examine certain provisions. Section 129, which is similar to the provisions of section 88 -B of the Bombay Tenancy Act, provides that nothing in the foregoing provisions of that Act, except section 22, the provisions of Chapter II (excluding sections 21. 22, 23, 24 and 37) and section 91 and the provisions of Chapter X and XII in so far as the provisions of the said Chapters are applicable to any of the matters referred to in sections mentioned above shall apply, inter alia, (b) to lands which are the property of a trust for an educational purpose, hospital, Panjarpole. Gaushala, or an institution for pubic religious worship, provided the entire income of such lands is appropriated for the purposes of such trust. There is no dispute that the land held by the respondent No. I. which is a public trust, would not be governed by section 54 of the Vidarbha Tenancy Act, which comes under Chapter III. Section 54 of the Vidarbha Tenancy Act has a marginal note, "Rights of tenants to be heritable", and it provides as follows :