9911796707
TMI Blog1967 (9) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... e pieces of land situate at Vadjai. The question in this appeal is whether the appellant can apply and obtain an exemption certificate under section 88B of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Act). 3. The Act was originally passed in 1948 but was drastically amended by Amendment Act, XIII of 1956 which came into force on August 1, 1956. The Amendment Act inducted into the Act inter alia secs. 32 to 32R and secs. 88A to 88D. Secs. 32 to 32R deal with purchase of land by tenants. Sub-section 1 of section 32 provides that on the first day of April 1957, i.e., the tillers' day, every tenant shall, subject to the other provisions of this section and the provisions of the next succeeding sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... religious worship, (2) that the trust is or is deemed to be registered under the Bombay Public Trusts Act, 1950; and (3) that the entire income of such lands is appropriated for the purposes of such trust. There is no dispute with regard to conditions (1) and (3) and the only controversy is whether condition 2 is satisfied. If all the three conditions are satisfied and a certificate is obtained by the trust under sub-section 2 of section 88B, secs. 32 to 32R would not apply to the land belonging to such trust and the tenant of such land cannot be regarded a deemed purchaser under the Act. 5. The contention of respondent 1, the tenant is that though conditions 1 and 3 are satisfied, the Trust situate as it is at Burhanpur outside the Maha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erred in accordance with the final decision of the competent authority provided by the Act, and such entries are made conclusive subject to the provisions of the Act or to any change recorded under the provision therein after following. Before its amendment in 1960 section 28 provided that all public trusts registered under any of the enactments specified in Schedule A thereto shall be deemed to have been registered under the Act from the date on which the Act is applied to them. Schedule A sets out those Acts which are not relevant for the purpose of this appeal. As a result of reorganisation of the then Bombay State and the territorial changes made in 1956 and 1960 certain areas were excluded and certain other areas were brought into the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... public trusts ... in the State to which the Act does not already apply .... 6. The question is whether section 28 can be said to apply to the present Trust. Though section 28 is couched in general terms it cannot mean that all trusts registered under the Madhya Pradesh Act are to deemed to be registered under the Bombay Act irrespective of whether they are still situate in Madhya Pradesh and are liable to be administered under the Madhya Pradesh Public Trusts Act, 1951. The aforesaid notification itself makes this clear by using the words shall ... apply to the following classes of public trusts ... in the State to which the Act does not already apply...... . These words indicate clearly that the Act is to apply to those trusts whic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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