9911796707
TMI Blog1978 (11) TMI 162X X X X Extracts X X X X X X X X Extracts X X X X ..... evasthan Trust" and the suit lands were donated to the said trust The said trust was created on 18th of Jen. 1956 and thereafter it was registered under the Bombay Public Trusts Act, 1950. The trust obtained a certificate under Section 88-B (2) of the Bombay Tenancy and Agricultural Lands Act, 1948. It is not necessary to make a reference to the other averments made in plaint because ultimately it appears from the judgment of the trial Court that the case of trespass was given up by the plaintiff and the suit proceeded on the basis that the predecessor of defendant No. 4, Anant Mudhale was the only tenant of the suit lands and his tenancy was duly terminated. It appears from the record that Ms tenancy was terminated by a notice dated 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Tenancy Act. Therefore, relying upon the Division Bench decision of this court in Laxminarayan Temple, Kothure v. Laxman Mahadu Chandore, the learned Judge held that the suit is not maintainable because defendant No. 4 had already become owner of the suit lands on 1st April 1957 itself. As a result of this finding the learned Judge of the trial Court dismissed the suit filed by the plaintiff. It is this judgment and decree which are challenged in the present first appeal. 5. Mr. Rege, learned Counsel appearing for the appellant plaintiff contended before us that the learned Judge of the trial Court has committed an error in holding that the present suit is covered by the earlier Division Bench decision of this Court in L. N. Temple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the rules framed thereunder. On completion of the inquiry under Section 20 of the Act the Deputy or the Assistant Charity Commr. has to record his findings with the reasons therefor as to the matters mentioned in Section 19, At the same tune the said authority is required to make an order for payment of registration fees. After the said registration fee is paid and the order in that behalf is passed the Deputy or the Assistant Charity Commissioner has to make entries in the regis-1 ter kept under Section 17 in accordance with the findings recorded by him under Section 20 of the Act, or if an appeal or an application is made as provided by the Bombay Public Trusts Act then in accordance with the final decision of the competent authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the register. From the documents produced on record, that is an extract from the entries of the public trust register It appears that so far as the present trust is concerned, It was registered on 31st of May 1959 i. e. after the tillers' day. In this view of the matter, in our our opinion, the law laid down by this Court in L, N, Temple v. Laxman is wholly applicable to the facts and circumstances of the present case. The Division Bench while construing the provisions of the Bombay Public Trusts Act, 1950 as well as Section 88-B of the Tenancy Act, in the said decision observed as under (at paragraphs 25, 26 of AIR):-- "Clause (b) grants exemption to the properties of certain types of trusts and the proviso lays down two conditi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ral other provisions of the Act, A trust may be created after Section 88-B came into effect and still the lands of the trust would be entitled to the exemption given by that Section. A trust, however, cannot claim an exemption under that Seection in respect of lands which had already become the property of the tenants before the right of exemption was acquired by the trust. That is why the trust in the present case having become entitled to claim exemption under Section 88-B for the first time on 28th March 1958 cannot get exemption in respect of a land which had gone into the ownership of respondent No. 1 on 1st April, 1957." 6. It is also not possible for us to accept the contention of Mr. Rege that though in fact an order under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e application under Sections 88-B arose after 1-4-1959. It is not disputed by Mr. Rege that even though an application for registration was filed in 1956, till 1-4-1959 the trust was not entitled to file such an application for exemption under Section 88-B of Tenancy Act The tenant became owner of the land on 1-4-1957 i. e. tillers' day. If this is so, then on the basis of alleged doctrine of 'relation back' he cannot be divested of his right of ownership. Section 88-B is in the nature of exception or exemption. Therefore, it will have to be strictly construed. The object of the Act is to confer the ownership rights on the tiller of the land. He becomes owner of the land on 1-4-1957. Therefore the order of registration passed on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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