EKNATH BHIKU YADAV Vs. GANPATRAO SHANKARRAO DHAWAN

JUDGEMENT

(1.) By this petition, the petitioners challenge the certificate of exemption granted under section 88-B of the Bombay Tenancy and agricultural Lands Act, 1948 (for short "the B. T. and A. L. Act")

(2.) Respondent Nos. 1 to 7 are the trustees of Shri Maruti Deo Trust Pimpli limtek (for short "the trust") which is registered as a public trust under the bombay Public Trusts Act, 1950 (for short "the BPT Act"). The trust is the owner of the lands bearing Gat No. 264 and 265 of Village Pimpli, Taluka baramati, District Pune (for short "the said lands"). The petitioners are the tenants of the trust since long and it is not disputed that they were in possession of the said lands on 1st April, 1957 i. e. the "tillers day" prescribed under BT and al Act. The respondent Nos. 4 to 7 made an application to the Collector, the respondent No. 10 herein for issuance of a certificate of eligibility for exemption under section 88-B of the BT and AL Act on 9th July, 1986. A notice of enquiry was issued to the petitioners and they were given even an opportunity of cross-examining the applicant trustees. In the cross-examination, the trustees of the trust admitted that the petitioners were the tenants in occupation of the said lands w. P. No. 1442 of 1987 decided on 6-2-2006. (Bombay) on 1st April, 1957. They further admitted that the trust was not registered on 1st april, 1957 i. e. on the "tillers day" but was registered as a public trust under the bpt Act for the first time in the year 1984. Despite this admission, the respondent No. 10 issued a certificate of exemption under section 88-B of the BT and AL Act. That certificate is impugned in this petition.

(3.) Learned counsel for the petitioners submits that the petitioners were tenants in occupation of the said lands on 1st April, 1957. The petitioner being in possession as tenants on the tillers day, they became owners of the said lands under the provisions of section 32 to 32r of the BT and AL Act. An application for exemption and issuance of a certificate under section 88-B of the BPT Act was made by the trustees on 9th July, 1986 when they were not the owners of the land as the land was deemed to have been purchased by the petitioners on 1st april, 1957 under the provisions of the BT and AL Act. Therefore, there was no question of grant of a certificate of exemption under section 88-B of the BT and al Act. Learned counsel for the petitioners referred to and relied upon two decisions of this Court in Laxminarayan Temple vs. Laxman M. Chandore reported in 1969 Mh. L. J. 476 = AIR 1970 Bom. 23 and Chhatrapatl Charitable devasthan Trust vs. Parisa Appa Bhoske and ors. reported in 7979 Mh. L. J. 163 in support of his submissions.