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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 ..... to in 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, ultimat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tenancy Act of 1958. The preamble to the Act states, inter alia, that WHEREAS 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 provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aji (supra), however, held that although Section 54 which makes a tenancy heritable does not apply, 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 tena ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hin the definition of that term under the Tenancy Act of 1958 is governed exclusively by Section 54. Where Section 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such land is appropriate for the purposes of such trust. It also protects lands assigned or donated by any person before the commencement of the said Act for the purpose of rendering services useful to the community, namely, maintenance of water works, lighting or filling of water troughs for cattle. It also protects any land taken under management by a civil, revenue or criminal court as set out therein. There is a further safeguard ensuring that the income from such lands is appropriated for the purposes of a trust covered by Section 129(b). The explanation provides for the grant of a certificate by the collector after holding an inquiry, thus, the clear intention of Section 129 is to protect certain lands from tenancy legislation where the lands or income from such lands is being utilised for public purposes set out there. In this context, if the tenancy of such lands are not made heritable, this would clearly be in furtherance of the purpose of exempting such lands under Section 129. 17. We, therefore, allow these appeals and set aside the impugned judgment and order of the High Court in each of the appeals. There shall, however, be no order as to costs. - - TaxTM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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