Case Note & Summary
The petitioner, a public trust registered under the Bombay Public Trust Act, owned agricultural land including Survey No. 32/1, Gat No. 53, at Mouza Rangaon, Malkapur, Buldhana. One Gunnusingh Dhondusingh was the tenant in possession of the land, who died in 1991. The trust had earlier obtained a certificate of exemption under Section 129(b) of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 on 08.04.1968, which was confirmed by the Maharashtra Revenue Tribunal on 23.09.1974. After the tenant's death, the trust filed an application under Section 120 of the Act for summary eviction of the legal heir. The Sub Divisional Officer rejected the application on 17.03.2007, and the Maharashtra Revenue Tribunal dismissed the revision on 03.12.2013, holding that the certificate of exemption operates prospectively and that the legal heir's possession could not be disturbed. The trust challenged these orders before the High Court. The court considered the legal issue of whether the exemption certificate operates retrospectively or prospectively. The court held that the certificate of exemption under Section 129(b) operates retrospectively from the date of application, relying on the principle that exemption relates back to the date of application. Consequently, the legal heir of the deceased tenant in possession of the exempted land is not protected and is liable to summary eviction under Section 120. The court allowed the writ petition, set aside the orders of the Sub Divisional Officer and the Maharashtra Revenue Tribunal, and directed the Sub Divisional Officer to pass appropriate orders for eviction of the legal heir within three months.
Headnote
A) Tenancy Law - Exemption Certificate - Retrospective Operation - Section 129(b) Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - The certificate of exemption under Section 129(b) operates retrospectively from the date of application, not prospectively. The court held that the exemption relates back to the date of application, and once granted, the land is deemed exempt from tenancy laws from that date. (Paras 4-6) B) Tenancy Law - Summary Eviction - Legal Heirs of Tenant - Section 120 Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Where a certificate of exemption is granted retrospectively, the legal heirs of a deceased tenant in possession of the exempted land are not protected and are liable to summary eviction under Section 120. The court held that the authorities erred in rejecting the trust's application for eviction. (Paras 4-7)
Issue of Consideration
Whether a certificate of exemption under Section 129(b) of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 operates prospectively or retrospectively, and whether the legal heirs of a deceased tenant in possession of exempted land can be summarily evicted under Section 120 of the Act.
Final Decision
The High Court allowed the writ petition, set aside the orders of the Sub Divisional Officer dated 17.03.2007 and the Maharashtra Revenue Tribunal dated 03.12.2013, and directed the Sub Divisional Officer to pass appropriate orders for eviction of the legal heir of the deceased tenant within three months.
Law Points
- Certificate of exemption under Section 129(b) of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act
- 1958 operates retrospectively from the date of application
- not prospectively
- legal heirs of a deceased tenant in possession of exempted land are liable to summary eviction under Section 120 of the Act.
