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Issues:
- Suit for possession of agricultural lands based on trespass or termination of tenancy - Validity of trust registration under Bombay Public Trusts Act, 1950 - Interpretation of Section 88-B of the Bombay Tenancy and Agricultural Lands Act, 1948 - Application of the doctrine of 'relation back' in trust registration Analysis: The appellant, a Public Trust, filed a suit for possession of agricultural lands against the defendants alleging trespass or termination of tenancy. The suit lands were initially owned by the Chhatrapati of Kolhapur and donated to the trust. The trust was registered under the Bombay Public Trusts Act, 1950, and obtained a certificate under Section 88-B (2) of the Tenancy Act. The trial proceeded on the basis that the predecessor of defendant No. 4 was the only tenant, and his tenancy was terminated. The main contention was whether the trust's registration was valid and if the suit was maintainable based on the ownership status of the lands. The defendants argued that they became owners of the suit lands under Section 32 of the Tenancy Act on 1st April 1957, and the trust's registration did not affect their ownership rights. The trial court found that defendant No. 4 had become the owner of the lands on 1st April 1957 and dismissed the suit based on this finding. The appellant challenged this decision on the grounds that the trust was created before defendant No. 4 became the owner, and therefore, the trust's registration should be deemed to have occurred earlier. The High Court rejected the appellant's argument, emphasizing that trust registration under the Bombay Public Trusts Act required a formal process, not merely the filing of an application. The court clarified that registration is completed only after an order is passed by the competent authority and the entry is made in the register. As the trust was registered after the tillers' day, the court upheld the trial court's decision that the suit was not maintainable based on the ownership rights of defendant No. 4. The court further explained that the trust could not claim exemption under Section 88-B of the Tenancy Act for the suit lands, as defendant No. 4 had already become the owner before the trust acquired the right of exemption. The court emphasized strict construction of the law, stating that the trust's registration could not extinguish the tenant's vested ownership rights. Ultimately, the court upheld the trial court's decision to dismiss the suit, ruling that the suit was not maintainable due to the ownership status of the lands. In conclusion, the court dismissed the appeal, stating that the trial court was correct in its decision. No costs were awarded in the circumstances of the case.
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