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TMI Blog1998 (12) TMI 635X X X X Extracts X X X X X X X X Extracts X X X X ..... n sections mentioned above shall apply - (a)... (b) to lands which are the property of a trust for an educational purpose, hospital Panjarpole, Gaushala, or an institution for public religious worship, provided the entire income of such lands is appropriated for the purpose of such trust; and (c)... (d)... Explanation - For the purpose of Clause (b), a certificate granted by the Collector after holding an inquiry, that the conditions mentioned in the said clause are satisfied by the trust shall be the conclusive evidence in that behalf. 2. Each of these trusts have been granted a certificate by the Collector under the Explanation to Section 129 of the Tenancy Act of 1958. 3. The respondents in each of the appeals and/or their predecessors-in-title were tenants in respects of the lands belonging to the appellants. On the death of the tenant, the appellants filed an application for summary eviction of the respondents under Section 120 of the Tenancy Act of 1958. The appellants contended that on the death of the tenant, the tenancy came to an end and they were entitled to obtain possession of the lands. In these proceedings, ultimately the Maharashtra Revenue Tribunal in r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is expedient to amend the law which governs the relations of landlords and tenants of agricultural lands...in the Vidarbha Region of the State of Maharashtra with a view to bringing the status and rights of tenants as far as possible in line with those prevailing in certain other parts of the State; AND WHEREAS it is expedient in the interests of the general public to regulate and impose restrictions on the transfer of agricultural lands...belonging to or occupied by agriculturists, agricultural labourers,...and to provide for the assumption of the management of agricultural lands in certain circumstances and to make provisions of certain other matters hereinafter appearing.... The Act, therefore, ostensibly seeks to bring the relationship of landlords and tenants in the Vidarbha Region in line with the position prevailing in other parts of the State of Maharashtra. The other object of the Act is to regulate and impose restrictions on the transfer of agricultural lands and to provide for the assumption of the management of the agricultural lands and to make certain other provisions. The Act, therefore, is not meant entirely for the benefit of tenants although it gives valuab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the ordinary law relating to succession would apply and, therefore, tenancy of lands belonging to such trusts for an educational purpose or institutions for public religious worship would also be heritable. 10. To examine the correctness or otherwise of this view it is necessary to emphasise that Section 54 which makes tenancies heritable is expressly made inapplicable to tenancies of lands falling under Section 129(b). What is the effect of Section 129 which excludes the application of Section 54 to the tenancies of lands belonging to such trusts and institutions? The obvious effect is that the provisions contained in Section 54 will not apply. But is it also intended thereby that such a tenancy shall not be heritable? The best way to answer this question would be to see what would be the effect of holding that such a tenancy would be otherwise heritable. First of all, Section 54 makes, if it all, only a slight departure from the ordinary law of succession. Clause (b) of Section 54(1) provides that if the deceased tenant was not a member of an undivided Hindu family, the tenancy would go to his heirs. Since this is the ordinary law of inheritance, its exclusion must entail excl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 54 is made expressly non-applicable under the Tenancy Act of 1958, the tenancy is not heritable at all. An express provision in the Act which excludes the operation of certain provisions, cannot be made nugatory by resorting to general law. 12. This conclusion is strengthened by the fact that Section 37 which forms a part of Chapter II is also expressly excluded from application to the tenancies of such trust. Section 37 provides as follows: 37. Save as provided in this Act, the rights and privileges of any tenant under any usage or law for the time being in force or arising out of any contract, grant, decree or order of a, court or otherwise, howsoever, shall not be limited or abridged. 13. Therefore, in the case of tenancies of such trusts, preservation of rights and privileges of a tenant under any law for the time being in force is excluded. Therefore, the rights and privileges of any tenant of such land belonging to a trust or religious institution would only be as prescribed under the Tenancy Act 1958. A resort cannot be had to any other law for the time being in force to determine their rights and privileges. 14. Learned Counsel for the respondents drew our attenti ..... 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