Case Note & Summary
The petitioner, Shri Maroti Sansthan, a public trust, challenged the order of the Maharashtra Revenue Tribunal dated 31.03.1992, which held that the tenancy of a public trust is heritable. The trust had sought ejectment of the respondents, legal heirs of the deceased tenant, under Section 120 of the Bombay Tenancy and Agricultural Lands Act, 1948. The Sub Divisional Officer had earlier allowed the trust's application, holding that tenancy is not heritable. However, the Tribunal reversed that decision, relying on the Bombay High Court's decision in Khanqah-Kadria Trust (Wakf), Balapur v. Shevantabai, 1989 Maharashtra Law Journal 891. The trust argued that the earlier decision in Ramchandra Nagoji Bondre v. Shri Mangaleshwar Maharaj Sansthan, 1986 Maharashtra Law Journal 125, supported its position. The High Court, after hearing both sides, held that the later decision in Khanqah-Kadria Trust correctly states the law that tenancy of a public trust is heritable. The court noted that the principle of heritability under Section 40 of the Act applies to all tenants, including public trusts. Consequently, the petition was dismissed, and the Tribunal's order restoring possession to the respondents was upheld.
Headnote
A) Tenancy Law - Heritability of Tenancy of Public Trust - Section 40 Bombay Tenancy and Agricultural Lands Act, 1948 - The court considered whether the tenancy of a public trust is heritable. The Maharashtra Revenue Tribunal had held it heritable relying on Khanqah-Kadria Trust (Wakf), Balapur v. Shevantabai, 1989 Maharashtra Law Journal 891. The High Court affirmed, holding that the principle of heritability applies to trusts as well, and the earlier contrary view in Ramchandra Nagoji Bondre v. Shri Mangaleshwar Maharaj Sansthan, 1986 Maharashtra Law Journal 125, is no longer good law. (Paras 1-3)
Issue of Consideration
Whether the tenancy rights of a public trust under the Bombay Tenancy and Agricultural Lands Act, 1948 are heritable upon the death of the tenant?
Final Decision
The High Court dismissed the writ petition, upholding the order of the Maharashtra Revenue Tribunal dated 31.03.1992, which held that the tenancy of the public trust is heritable.
Law Points
- Tenancy of a public trust is heritable under the Bombay Tenancy and Agricultural Lands Act
- 1948
- Section 40
- the principle of heritability applies equally to trusts as to individuals
- the earlier view in Ramchandra Nagoji Bondre v. Shri Mangaleshwar Maharaj Sansthan is overruled by the later decision in Khanqah-Kadria Trust (Wakf)
- Balapur v. Shevantabai.
Case Details
2006 LawText (BOM) (07) 115
Writ Petition No. 2129/1992
Mr. Chandurkar for Petitioner, Mr. Masodkar for Respondents
Shri Maroti Sansthan, Tiwsa, Public Trust bearing No. A-632, by President Navalkishore Ballabhdas Rathi, and Secretary Narayansingh Sitaramsingh Taji
Gulab Haribhau Jirapure (dead) through LRs: Smt. Tulsabai Gulabrao Jirapure, Malabai Gulabrao Jirapure, Shri Mukunda Gulabrao Jirapure, Smt. Vanita w/o Rajendra Gulane, Smt. Sunita Govindrao Narad, Smt. Manju Gyaneshwarrao Korde, Balwant Haribhau Jirapure, Vitha Haribhau Jirapure, Mirabai wd/o Haribhau Jirapure
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ Petition under Articles 226 and 227 of the Constitution of India challenging the order of Maharashtra Revenue Tribunal.
Remedy Sought
Petitioner trust sought to quash the order of Maharashtra Revenue Tribunal dated 31.03.1992 and restore the order of Sub Divisional Officer ejecting the respondents.
Filing Reason
The Maharashtra Revenue Tribunal held that the tenancy of the public trust is heritable, contrary to the trust's contention.
Previous Decisions
Sub Divisional Officer held tenancy not heritable and ordered ejectment of respondents under Section 120; Maharashtra Revenue Tribunal reversed that order, holding tenancy heritable.
Issues
Whether the tenancy of a public trust under the Bombay Tenancy and Agricultural Lands Act, 1948 is heritable?
Submissions/Arguments
Petitioner argued that tenancy of a public trust is not heritable, relying on Ramchandra Nagoji Bondre v. Shri Mangaleshwar Maharaj Sansthan, 1986 Maharashtra Law Journal 125.
Respondents supported the Tribunal's order relying on Khanqah-Kadria Trust (Wakf), Balapur v. Shevantabai, 1989 Maharashtra Law Journal 891.
Ratio Decidendi
The tenancy of a public trust under the Bombay Tenancy and Agricultural Lands Act, 1948 is heritable. The principle of heritability under Section 40 applies to all tenants, including public trusts. The later decision in Khanqah-Kadria Trust (Wakf), Balapur v. Shevantabai, 1989 Maharashtra Law Journal 891, overrules the earlier contrary view in Ramchandra Nagoji Bondre v. Shri Mangaleshwar Maharaj Sansthan, 1986 Maharashtra Law Journal 125.
Judgment Excerpts
By this petition filed under Article 226 and 227 of the Constitution of India, the petitioner-trust has challenged the order of Maharashtra Revenue Tribunal dated 31.03.1992, by which Maharashtra Revenue Tribunal has held that the tenancy of public trust is heritable and has relied upon the ruling of this Court reported in Khanqah-Kadria Trust (Wakf), Balapur ...Versus... Shevantabai wd/o Raoji Shivaji; 1989 Maharashtra Law Journal 891.
It, therefore, allowed the revision preferred by present respondent and set aside the order of Sub Divisional Officer, whereby the Sub Divisional Officer held that tenancy is not heritable and, therefore, passed orders under Section 120, restoring the possession to the present petitioner by ejecting the respondents.
Procedural History
The Sub Divisional Officer initially held that the tenancy of the public trust was not heritable and ordered ejectment of the respondents under Section 120 of the Bombay Tenancy and Agricultural Lands Act, 1948. The respondents filed a revision before the Maharashtra Revenue Tribunal, which reversed the SDO's order on 31.03.1992, holding the tenancy heritable. The petitioner trust then filed the present writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Nagpur Bench.
Acts & Sections
- Bombay Tenancy and Agricultural Lands Act, 1948: Section 40, Section 120
- Constitution of India: Article 226, Article 227
