Bombay High Court
Smt. Geeta Wd/O Rambilas Sharma ... vs Shri Narsing Mandir Sansthan ... on 18 July, 2016
Bench: Z.A. Haq
Judgment 1 wp6918.14.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 6918 OF 2014
Smt. Geeta Wd/o. Rambilas Sharma
since dead through legal heirs.
1. Ganesh S/o. Rambilas Sharma,
Aged about 32 yrs., Occupation : Agriculturist.
2. Rajni d/o. Rambilas Sharma
Aged about 28 yrs., Occupation : Service,
Both residents of Anjangaon Surji,
Taluka Anjangaon, District : Amravati.
.... PETITIONERS.
// VERSUS //
1. Shri Narsing Mandir Sansthan,
Anjangaon Trust No.A/1940,
Anjangaon Surji, Taluka Anjangaon Surji,
District : Amravati, through its Sarpanch
and Trustee.
2. Ramchandra S/o. Manaklal Sarda,
Aged about 70 years, Sarpanch.
3. Badridas Manaklal Sarda (Deleted)
4. Jugalkishor S/o. Manaklal Sarda,
Aged about 72 years, Occ. Cultivators,
5. Nandkishor S/o. Manaklal Sarda,
Aged about 57 years, Occu. : Cultivators,
6. Omprakash Narsingdas Sarda,
Aged about 57 years, Occu.: Cultivators,
::: Uploaded on - 22/07/2016 ::: Downloaded on - 30/07/2016 09:48:44 :::
Judgment 2 wp6918.14.odt
7. Satish Vallabhdas Sarda,
Aged about 52 years, Occ. Cultivators,
Nos. 2 to 7 residents of Anjangaon Surji,
Taluka Anjangaon Surji, District : Amravati.
.... RESPONDENTS
.
___________________________________________________________________
Ms Ashwini Athalye, Advocate for Petitioners.
None for the respondents.
___________________________________________________________________
CORAM : Z.A.HAQ, J.
DATED : JULY 18, 2016.
ORAL JUDGMENT :
1. Heard Ms Ashwini Athaley, advocate for the petitioners. None
appears for the respondents though notices of final disposal are served.
2. RULE. Rule made returnable forthwith.
3. According to the petitioners, Rambilas (predecessor of the present
petitioners) was a tenant of the agricultural land owned by the public trust.
The petitioners claim that Rambilas was in possession of the agricultural land
since prior to tillers day and therefore, he was protected lessee. After the
death of Rambilas the petitioners claim to be in possession of the agricultural
land as tenants on the basis that they have inherited the tenancy rights.
Judgment 3 wp6918.14.odt
4. The respondent No.1-trust applied under Section 129(b) of the
Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958
(hereinafter referred to as "Tenancy Act, 1958") for grant of Exemption
Certificate. The respondent No.1 also filed an application under Section
120(c) of the Tenancy Act, 1958 contending that the present petitioners were
in unauthorized occupation of the agricultural land and they be summarily
evicted.
5. The learned Sub-Divisional Officer, after conducting necessary
inquiry in both the matters, had rejected the claim of the respondent No.1
public trust. In revisions filed by the respondent No.1 the Maharashtra
Revenue Tribunal found that the public trust has established that the
necessary requirements for grant of exemption certificate under Section 129
(b) of the Tenancy Act, 1958 existed and the present petitioners cannot claim
tenancy rights through their predecessor Rambilas. The Tribunal allowed
both the revision applications.
6. With the assistance of the learned advocate for the petitioners, I
have examined the documents placed on the record of the petition. The
Tribunal has dealt with the aspect that the income of the public trust is being
utilized for the charitable purposes and the respondent No.1 public trust is
entitled for grant of Exemption Certificate. The findings recorded by the
Tribunal are based on proper appreciation of the material on record.
Judgment 4 wp6918.14.odt
Consequently the order under Section 120(c) of the Tenancy Act, 1958
passed by the Tribunal also cannot be faulted with.
I see no reason to interfere with the impugned order. The
petition is dismissed. In the circumstances, the parties to bear their own
costs.
ig JUDGE
RRaut..
Judgment 5 wp6918.14.odt
C E R T I F I C A T E
I certify that this Judgment uploaded is a true and correct copy of
original signed Judgment.
Uploaded by : R.B. Raut, PS Uploaded on : 22.07.2016.
