Telgu Munnurwar Dnyanganga Trust v. Laxman Yellappa Chittar - Agricultural Tenancy Dispute

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Telgu Munnurwar Dnyanganga Trust ... vs Laxman Yellappa Chittar, L.Rs. ... on 26 March, 2026

2026:BHC-AUG:13301
WP.8038-2013.doc

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD
                                 CIVIL APPELLATE JURISDICTION

                                        WRIT PETITION NO. 8038 OF 2013

                  Telgu Munnurwar Dnyanganga Trust            ]
                  Ghodnadi Through Its Trustees               ]

          1.      Subhash s/o. Dattatraya Karle,           ]
                  Age : 64 years, Occu. : Business & Agri. ]
                  R/o. 110, Legend Prestige,               ]
                  Udya Baugh Road, Wanwadi, Pune -13 ]

          2.      Rajanna s/o Bhumanna Poshit, (Dead) ]
                  Age : 70 years, Occu : Business     ]

          3.      Vijay Balkrishna Lolap,                     ]
                  Age : 58 years, Occu. : Business            ]
                  R/o. 1042, State Bank Colony, Shirur,       ]
                  Tal. Shirur, Dist. Pune.                    ]

          4.      Baburao Sayanna Mutyal                      ]
                  Age : 80 years, Occu. : Retired.            ]

          5.      Balkrishna Shankarrao Lolap (Dead)          ]
                  Age : 85 years, Occu : Retired.             ]
                  All R/o. Ghodnadi, Tal. Shirur,             ]
                  District. Pune                              ]          ...Petitioners

                       Versus
          1.      Laxman Yellappa Chittar                     ]
                  Kamathi D.H.                                ]

         1-A      Yellubai Laxman Chittar,                    ]
                  Deceased Through L.Rs.                      ]
                  Suresh Dattatray Koli (Dead)                ]
                  Through its LRs.                            ]

        1-A-a Smt. Sushila w/o Suresh Koli                    ]
              Age : 55 years, Occu : Household                ]
              R/o. 1629, Subhash Chowk,                       ]
              Dambe Nala, Near Barla Painter,                 ]
              Shirur, Tq. Shirur, Dist. Pune.                 ]

      Shrikant Malani /Vishal Parekar                                         Page 1 of 49
                                                               WP.8038-2013.doc

1-A-b Dinesh S/o Suresh Koli, ]
Age : 32 years, Occu : Agril, ]
R/o. As above ]

1-A-c Kriti w/o Atul Telang, ]
Age : 35 years, Occu : Household, ]
R/o. 368, Mangalwar Peth, ]
Prabhakar Apartment, Flat No.11, ]
In front of Kamla Nehru Hospital, ]
Pune - 11. ]

1-A-d Ranjita w/o Ankush Sable, ]
Age : 30 years, Occu : Household, ]
R/o. Type-1, 58/1, in front of ]
Range Hills Jivan Health Club, ]
Khadki, Pune-20. ]

2.      Tukaram Yellappa Chittar,             ]
        Died through L.Rs.                    ]

2A      Arvind @ Ajinath Tukaram Chittar,     ] Name of R. No.2A deleted
        Died through L.R.s                    ] as per the Court's order
        Alka Arvind @ Ajinath Chittar         ] dated 03.01.2020.

2B      Vinod Tukaram Chittar,                ]
        Age : 45 years, Occu : Business       ]

2C      Mrs. Alka Rawatoo,                    ]
        Age : 35 years, Occu : Household      ]

2D      Mrs. Jyoti Shankar Aadi,              ]
        Age : 32 years, Occu : Household      ]

2E      Hirabai Tukaram Chittar (died)        ]
        All R/o. Sainath Lottery              ]
        Galande Chawl, Chinchwad, Pune        ]

3.      Yellappa Tukaram Chittar              ] Name of R.No.3 deleted as
                                                per the Court's order
                                                dated 10.04.2014.

4.      Gyanoba Yellappa Chittar (Died) L.R.s ]

4A      Rajendra s/o Gyanoba Chittar,       ]
        Kamathi R/o. Kamathipura Lane No.6, ]

Shrikant Malani /Vishal Parekar Page 2 of 49
WP.8038-2013.doc

        Building No.45, Room No.1, Ground]
        Floor, Padawalwar Building, Mumbai-8 ]

4B      Rupesh s/o Gyanoba Chittar,         ]
        Kamathi R/o. Kamathipura Lane No.4, ]
        Building No.135, Room No.16,        ]
        First Floor, Shanker Puppala        ]
        Road, Mumbai-8                      ]

4C      Rajeshri w/o Kishor Bhandar,           ]
        Kamathi R/o. Khetwadi,                 ]
        Ashirwad Apartment,                    ]
        Lane No.10, Third Floor,               ]
        Lane Pawwala Compund,                  ]
        303, Khetwadi, Mumbai - 04.            ]

 5      Rammanna Yellappa Chittar,             ]
        Died through Lrs                       ]

5A      Sayyanna Ramnna Chittar,               ] Name of R. No. 5A
        Age : Major, Occu : Business,          ] deleted as per the Court's
        R/o. Kurund, Tq. Parner,               ] order dated 03.01.2020.
        Dist. Ahmednagar                       ]

5B      Baban Sayanna Chittar,                 ]
        Age : Major, Occu : Business,          ]
        R/o. As above                          ]

5C      Chandrakant Sayanna Chitter,           ]
        Age : Major, Occu : Business,          ]
        R/o. As above                          ]

5D      Prakash Sayanna Chitter,               ]
        Age : Major, Occu : Business,          ]
        R/o. As above                          ]

5E      Smt. Ratan Vasant Erram,               ]
        Age : Major, Occu. : Retired,          ]
        R/o. 14, Shankar Pupala Road,          ]
        Building No.30, 2nd Floor, H. No.12,   ]
        Nagpada, Mumbai.                       ]

 6      Shivaji Yellappa Chittar,              ]
        Age : Major, Occu : Business,          ]
        R/o. Munnurwar Co-operative            ]

Shrikant Malani /Vishal Parekar Page 3 of 49
WP.8038-2013.doc

        Hsg. Society, Near Marathi               ]
        School, Wadgaon Sheri, Pune.             ]

7.      Shankar Yellappa Chittar,                ]
        Died through Lrs.                        ]

7A      Sanjay Shankar Chitter,                  ]
        Age : Major, Occu : Household            ]

7B      Lalita Venktesh Katol,                   ]
        Age : Major, Occu : Household            ]

7C      Shobha Shankar Chitter,                  ]
        Age : Major, Occu : Household            ]

7D      Pramila Narayan Telang,                  ]
        Age : Major, Occu : Household            ]

7E      Mangala Shankar Chitter,                 ]
        Age : Major, Occu : Household            ]

7F      Rekha Lakhpati,                    ]
        Age : Major, Occu : Household      ]
        All R/o. Kamathipura, Lane No.8,]
        Building No.43, Room No.7, Byculla,]
        Mumbai-8.                          ]

8.      Janabai Rajaram Sidhap,          ]
        (Died) deleted as per order dated]
        08.07.2013                       ]                    ...Respondents

                                 ***

Mr. R. N. Dhorde, Senior Counsel a/w Mr. P. S. Dighe i/b Mr. Vikram
Dhorde, Advocate for the Petitioners.
Ms. Pradnya Talekar i/b Talekar & Associates, Advocate for Respondent Nos.
1A-a to 1A-d and 2B to 2D and 4A to 4C.
Mr. Sanket S. Kulkarni, Advocate for Respondent Nos. 5-C, 5-D,6 7-B, 7-C, 7-
D, and 7-F.
***

                              CORAM           : ABHAY J. MANTRI, J.
                              RESERVED ON     : 7th JANUARY, 2026
                              PRONOUNCED ON   : 26th MARCH, 2026

Shrikant Malani /Vishal Parekar Page 4 of 49
WP.8038-2013.doc

JUDGMENT : 1. The Petitioner - Trust through its Trustees challenge the orders

dated 16th August 2013, passed by the learned Maharashtra Revenue

Tribunal (for short the "Tribunal"), whereby it dismissed the Revision

Petition No.1-B of 1998, filed by them against the Respondents and

confirmed the order dated 31st December 1992, passed by the Tahsildar,

Parner, quashing the order dated 30th March 1996 passed by the learned Sub

Divisional Officer, Ahmednagar. They also challenge the order dated 15 th

April 1978, passed U/Ss 32 [G and H of the Bombay Tenancy and

Agricultural Lands Act, 1948](https://indiankanoon.org/doc/117675938/) (in short, the " Tenancy Act "), by the Additional

Tahsildar and Agricultural Land Tribunal (for short, ALT), Parner.

1. The facts of the case are as follows:

The Petitioner, a public Trust registered under the [Bombay

Public Trust Act, 1950](https://indiankanoon.org/doc/82830114/), through its Trustees, has filed this Petition. It is

contended that the property in dispute, i.e. lands bearing Survey Nos. 88

and 89 admeasuring 45 acres 1 guntha, situated at the village Kurund, Tal.

Parner, Dist. Ahmednagar (in short " writ lands/property"). The said property

was renumbered as Gut No. 346.

1. On 1st June, 1905, one Nagammabai Adiwar, as a guardian of

Gyanu Tukaram Karle, donated the property in favour of the panch

committee of the Munnurwar community, namely 1) Chinu Limbaji Samal,

2) Bandu Sayanna Lolap, 3) Damana Dharmaji Nalla, 4) Chinu Narsu

                                                                           WP.8038-2013.doc

Puppal, 5) Narsu Jally Lolap, 6) Yellappa Chittar and 7) Chinu Rauanna

Aspat by way of a registered Gift Deed. As per the terms in the Gift Deed,

the said property was donated for charitable purposes, and the income from

the said property was to be applied for the benefit of Hindu Temples

unanimously and other noble causes. In the year 1945, one

panch/committee member, Chinu Limbaji Samal, died, and his legal heir,

Ramanna Jalanna Lolap, was appointed as a panch/member of the

committee by order of the Sub Divisional Officer dated 23 rd October 1945.

Accordingly, mutation entry No. 414 was taken on 8th January, 1946.

1. In 1950, the Bombay Public Trust Act (for short, the " Trust Act")

was enacted for the Bombay Region. Four panchas/members of the

committee, i.e. Rajanna Malanna Bhoir, 2) Balkrishna Shankar Lolap, 3)

Laxman Yellapa Chittar, and 4) Babu Sayanna, filed an application before

the Assistant Charity Commissioner on 14 th April, 1952, to register the said

Trust as "Telgu Munnurwar Dnyanganga Trust". (for short, the "Trust") The

property in question was shown as Trust property. Accordingly, Inquiry No.

1231 of 1952 was registered, and on 12 th May 1953, the Trust was

registered. The property in question was shown as the Trust property and in

possession of the panchas.

1. It is further contended that one of the Trustees, Laxman

Chittar, illegally and with malafide intention had entered his name and the

name of his brother in the other right column as "tenant of the Trust

                                                              WP.8038-2013.doc

property". In the year 1965, an Additional Mamlatdar initiated proceedings

under section 32-G of the Tenancy Act wherein Laxman and his brother

Tukaram, the sons of Yellapa Chittar, were shown as tenants, and Ramanna

Jalanna was shown as landlord of the Trust property. On 14 th August 1965,

the Additional Tahsildar and ALT, Parner, passed an order that "tenants are

unwilling to purchase the properties in question and therefore declined the

purchase as ineffective. Accordingly, the proceedings under section 32G of

the Tenancy Act were dropped, and the proceedings under section 32B were

initiated. Accordingly, mutation entry No. 848 was recorded in the revenue

records of the village of Kurund. On 12th July 1966, in the said proceedings,

the Trustee was not made a party as the owner of the property in question,

as the alleged tenants sought to grab the Trust property.

1. In 1975, the third brother of Laxman and Tukaram, i.e.,

Gyanoba Yellappa Chittar, filed Tenancy Appeal No. 130 of 1975 before the

Special Land Acquisition Officer without filing an application for

condonation of delay. In the said proceeding, Gyanoba also deliberately and

with malafide intention did not make the Trust a party in the said appeal.

The said appeal was allowed on 8th July, 1977, behind the Trust's back.

Moreover, prior to the filing of the said appeal, the Respondents Ramanna

and Mallanna had died. The Special Land Acquisition Officer passed an

order without recording any reasons and remanded the matter to the Courts

below to give an opportunity to the Appellant, Gyanoba, to put up his case.

WP.8038-2013.doc

1. After remanding the matter, Laxman, Tukaram, and Gyanoba,

in collusion with each other, appeared before the Additional Tahsildar,

Parner. In the said proceeding, Laxman and Gyanoba were shown as the

Petitioners/Applicants and the said application was filed against one

Ramanna Jallanna Kamathi, who was admittedly shown as dead. The Trust

was also not made a party to the said proceedings. On 15 th April 1978, the

Tahsildar allowed the said proceedings under Section 32G of the Tenancy

Act in favour of the alleged tenants, namely Laxman, Tukaram and Gyanoba.

The Additional Tahsildar fixed the purchase price of the property in question

in the said proceeding to the extent of 38 A 20 G out of the property in

question and declared the remaining land to the extent of 5A 19 G to be

ineffective.

1. Against the said order dated 15th April 1978, Gyanoba again

preferred Tenancy Appeal No. 4 of 1979 before the Assistant Collector

regarding the purchase price of the writ lands on the ground that the

Tahsildar had not visited the site before fixing the purchase price. In light of

the observations made in the said order, the appeal was partly allowed, and

the matter was remanded back to the Tahsildar to determine the purchase

price afresh.

1. After the matter was remanded to the Tahsildar, for the first

time, Gyanoba and his brother made the Petitioner Trust as the Respondent.

WP.8038-2013.doc

On 31st December 1992, the Tahsildar, Parner, passed an order, fixing the

purchase price, and directed Tukaram and Gyanoba, who had purchased the

tenanted land, to deposit the said amount in the tenancy proceedings. The

Petitioner Trust challenged the said order before the Assistant Collector -

Sub Divisional Officer, Parner, who, by order dated 30 th March 1996,

allowed the appeal filed by the Petitioners, quashed and set aside the order

passed by the Tahsildar, and remanded the matter back to the Tahsildar.

1. The Petitioner, being dissatisfied with the order dated 30 th

March 1996, preferred Revision Application No. 1 of 1998 before the

Maharashtra Regional Tribunal, Pune (in short, " Tribunal"). The Tribunal

vide order dated 28th November, 2000, allowed the Revision Application and

set aside the orders passed in Tenancy Appeals Nos. 2 of 1995 and 3 of 1995

by the SDO, Ahmadnagar, as well as the order passed by the Tahsildar,

Parner. Being aggrieved by the said order, Laxman and others preferred Writ

Petition No. 7229 of 2004 before this Court. This Court, by order dated 25th

April 2008, allowed the Writ Petition, quashed the order dated 28 th

November 2000, and remanded the matter to the Tribunal for fresh

consideration.

1. After the matter was remanded, the Respondents, with mala

fide intent, illegally began selling the Trust property. Hence, the Petitioner

was constrained to file an application to restrain them from alienating the

Trust property and to seek an order from the Tribunal to maintain the status

                                                                      WP.8038-2013.doc

quo, which was continued from time to time until the Petition was disposed

of. Thereafter, the matter was finally heard by the Tribunal on 16 th August

2013, the Tribunal dismissed the Revision by confirming the order dated 31 st

December 1992 passed by the Tahsildar. The Tribunal also quashed and set

aside the order dated 30th March 1996, passed by the SDO. Being aggrieved

by the said order and other orders, the Petitioners have preferred this

Petition.

1. It is to be noted that by order dated 11 th July 2014, this Court

granted Rule. In paragraph No. 4 of the said order this Court framed the

moot question as to "whether the Petitioner-Trust is entitled to claim

exemption in view of Section 88B(2) of the Tenancy Act regarding the Trust

property and whether the Respondents are entitled to purchase the Trust

property in view of the provisions of the said Act " and observed that the said

question required to be answered. The said interim order was continued till

this date.

1. Heard Mr. Dhorde, learned senior counsel appearing for the

Petitioners, and Ms. Talekar, learned counsel appearing for the Respondent

Nos. 1A-a to 1A-d, 2B to 2d, and 4A to 4C, as well as Mr. Kulkarni, learned

counsel appearing for Respondent Nos. 5-C, 5-D,6 7-B, 7-C, 7-D, and 7-F.

1. The thrust of the arguments of Mr. Dhorde, learned senior

counsel appearing for the Petitioners, was that the original Respondents

                                                                  WP.8038-2013.doc

Nos. 1 and 2, Laxman Yellappa Chittar and Tukaram Yellappa Chittar, had

committed fraud upon the revenue authorities and the Trust and had

obtained orders dated 15th April 1978 and 31st December 1992. He further

canvassed that the order dated 15 th April 1978 was cryptic and unreasoned

and was passed against a dead person; hence, declaring Respondent Nos. 1

and 2 as the tenants of the Trust property and holding them to be entitled to

purchase the land in question is illegal and void. Moreover, the Petitioner

Trust was neither a party to the proceedings nor was notice issued to it; by

means of fraud, an order was obtained behind its back, and therefore, the

order cannot be sustained in law. After full payment of the purchase price

under Section 32H of the Maharashtra Tenancy and Agricultural Lands Act,

1948 (for short " Tenancy Act "), and by order dated 31 st December 1992, it

was held that Respondent No.1 - Laxman Yellappa, Respondent No.3 -

Yellappa Tukaram and Respondent No.4 Gyanoba Yellappa be declared as

purchasers of the land in question under the provisions of the Tenancy Act subject to conditions embodied under Section 43 of the Tenancy Act. Both

orders are contrary to the material on record, and therefore, those orders

are liable to be set aside.

1. During the arguments, he took me through the registered Gift

Deed dated 01st June 1905 and pointed out the averment therein. He

showed that one Nagammabai Adiwar had gifted the lands in question to

Chinnu, s/o Limbaji Samal (Chittar), and six others as Panchas. Thereafter,

                                                               WP.8038-2013.doc

he pointed out that mutation entry No. 414 for Village Kurund indicates that

one of the Pancha, Chinnu Kamathi, had died, and his name was replaced

with that of Rajanna/Ramanna Jallanna Lolap as a Pancha. He took me

through the application dated 14th April 1952, filed by the four persons, i.e.

Panchas and based on the said application, on 12 th May 1953, the Trust was

registered by the Assistant Charity Commissioner (for short, ' ACC'), and the

land in question was shown as a Trust property in Schedule I of the Bombay

Public Trust Act. Respondent No.1 - Laxman was shown as one of the

Trustees of the Trust. He pointed out from Schedule I that the land in

question had been in the possession of Panchas since 07 th April 1952. He

further canvassed that neither the gift deed nor Schedule I indicates that the

said property was in possession of the Panchas by virtue of the Gift Deed

dated 01st June 1905.

1. He then propounded that Respondents Nos. 1 and 2

fraudulently filed the application before the Authorities under Section 32 G of the Tenancy Act. They have filed the proceedings against the dead

Rammanna /Rajanna and Mallanna. They had neither made the Trust a

party nor served any notice on the Trust. Despite this, they have shown the

deceased Rammanna/Rajanna and Mallanna as a Trustee as Respondents

and without issuing any notice/s recorded the findings that the tenancy is

supported by the "Entry in the other Rights Column of the Revenue Record

of the 7/12 Extract" from the year 1953-1954 to 1963-1964 and observed

                                                              WP.8038-2013.doc

that the tenant admits that Respondent Nos.1 and 2 were the tenants and by

recording a finding in point No. 2 observed that the tenant had refused to

purchase the lands. Therefore, he contended that no documents were

produced before the Authority to show that the said land was leased out,

nor were any resolutions placed on record to show that the Trustee had

resolved to lease out the said property. No sanction order was produced on

record. Therefore, as per section 36 of the Tenancy Act, the said order

cannot be sustained in the eyes of the law. He took me through [Section

36(1A)](https://indiankanoon.org/doc/53995741/) of the Tenancy Act. He further submitted that although the brothers

were shown as tenants, the Additional Tahsildar held that the tenants were

unwilling to purchase the suit lands and declared the proceedings under

Section 32G were dropped. The order dated 14 th August 1965 had attained

finality.

1. Learned Senior Counsel drew my attention to the Tenancy

Appeal No.130 of 1975, which was filed by Gyanoba Yellappa Chittar,

showing as appellant and argued that Gyanoba was not a party to the

proceedings under Section 32G of the Tenancy Act. Therefore, the question

of his preferring the appeal doesn't arise at all; moreover, he had not filed

any application for condonation of delay, nor does it emerge from the order

dated 16th February 1987 that the concerned Authority has condoned the

delay. Therefore, passing of the order under Appeal No.130 of 1975 for

remanding the matter is illegal and perverse. The Authority has not

                                                                WP.8038-2013.doc

recorded any reason as to why the tenancy appeal is maintainable after 11

years, nor has it explained how the appellant, Gyanoba, had the right to

prefer said Appeal. In fact, Gyanoba was not the tenant and therefore had

no right to challenge the said order. In the said appeal, he had made

Rammanna/Rajanna and Mallanna as parties, both of whom died in 1962.

In the said order, he pointed out that Yellappa died in 1953; therefore, he

contended that nothing had been discussed by the Authority, nor had any

reasons been recorded for setting aside the order dated 14 th August 1965

and remanded the matter to the Authority.

1. He further drew my attention to the proceedings before the

Additional Tahsildar, filed under Section 32 G of the Tenancy Act. He

pointed out that the proceedings were filed against the deceased,

Rammanna/Rajanna, thereby playing a fraud upon the Authority and the

Trust. In the said proceedings, the Trust was not made a party. Similarly,

Respondent No. 1 - Laxman and Respondent No. 2 - Tukaram had not

challenged the order dated 14th August 1965; therefore, the said order had

attained finality. No issues were framed by the concerned Authority

regarding the tenancy or the period during which they had cultivated the

land as tenants. Apart from that, the Authority had not considered how it

came to possess the lands in question. On the contrary, he pointed out that

the landowners' addresses were not traceable. The said order clearly shows

a lack of application of mind by the Additional Tahsildar while passing the

                                                                    WP.8038-2013.doc

order dated 15th April 1978; therefore, the said order cannot be sustained in

the eyes of the law.

1. Mr. Dhorde, learned Senior Counsel, further argued that in TNC

Appeal No.4 of 1979, preferred by one Gyanoba, had not made a Trust as a

party in the appeal, and he had no concern with the order dated 15 th April

1. However, the Assistant Collector did not consider that no rent receipt

was produced on record, nor had the tenants paid the rent at any time, and,

without assigning any reason, passed a cryptic, unreasoned order. The

appeal was partly allowed, and the matter was remanded by an order dated

16th February 1987. The said order itself indicates that Laxman, Tukaram,

and Gyanoba had committed fraud upon the authorities and the Trust, by

not making the Trust a party and by not disclosing the correct facts to the

Authority. He then took me through the judgment and order dated 31 st

December 1992, passed by the Tahsildar, Parner, and contended that, for the

first time, Laxman and his brothers made the Trust a party to the said

proceedings. Similarly, the said Appeal was preferred by Gyanoba, not by

Laxman or Tukaram. He further referred to the findings recorded in the said

judgment and pointed out that the Tahsildar, based on the oral submissions,

passed the order without scrutinizing the tenancy documents. It has been

observed that the Trust was established on 12 th May 1953, before 01st April

1. He has drawn my attention to further findings that the Tahsildar erred

in casting the negative burden on the Trust, namely that the Trust had not

                                                                   WP.8038-2013.doc

initiated proceedings to cancel the tenancy. In fact, Laxman and others had

not produced any documents on record to show how they became tenants;

therefore, the said findings cannot be sustained under the law. He further

submitted that Rammanna/Rajanna died on 14 th December 1962, and

without his legal heirs being brought on record, the enquiry was conducted;

therefore, the said enquiry is null and void. As such, the order passed by the

Tahsildar directing Laxman and others to deposit the amount as calculated

as per Section 32 K (2) of the Tenancy Act with the Government cannot be

sustained in the eyes of the law. He further contended that the said order is

contrary to the facts on record and is therefore liable to be set aside.

1. The learned Senior Counsel vehemently contended that, for the

first time in 1992, the Trust became aware of the proceedings; therefore, the

Trust preferred Tenancy Appeal No. 2 of 1995 before the Assistant Collector

to challenge the judgment and order dated 15 th April 1978. He has taken

pains to point out that the grounds raised by the Trust before the SDO were

not considered, and that the Sub Divisional Officer (SDO) has partly allowed

the appeal vide order dated 30th March 1996, whereby the order dated 15th

April 1978 was quashed and set aside, and the matter was remanded back

to the Tahsildar.

1. He further submitted that being aggrieved by the order dated

30th March 1996, passed by the SDO, the Trust preferred a revision

application under Section 76 of the Tenancy Act before the Tribunal, the

                                                                WP.8038-2013.doc

Tribunal vide order dated 28th November 2000, allowed the Revision

Application and set aside the order passed by the SDO in Tenancy Appeal

Nos. 2 of 1995 and 3 of 1995. Being dissatisfied with the order passed by

the Tribunal, Respondent No. 1 - Laxman and others have preferred a Writ

Petition bearing No. 7229 of 2004. This Court, after hearing the parties, vide

judgment and order dated 25th April 2008, quashed and set aside the order

passed by the Tribunal and remanded the matter back to the Tribunal for a

fresh hearing.

1. Learned Senior Counsel further invited my attention to the

order dated 16th August 2013, passed by the Tribunal, and strenuously

argued that clause 3 of the impugned order is contrary to clause 1; as such,

the said order is patently perverse. He further submitted that nobody had

challenged the order dated 31st December 1992. In clause 2, the learned

Tribunal has confirmed the said order; in fact, it was not necessary to do so.

As such, he submitted that the Court could read between the lines to

ascertain why the said order was passed, when no one had asked for

confirmation of the order dated 31st December 1992. He further drew my

attention to the order dated 16 th August 2013 and contended that no

reasons were assigned while passing the order, nor was there any discussion

as to how Laxman and others became tenants; therefore, the said order

cannot be sustained in the eyes of the law.

WP.8038-2013.doc

1. Learned Senior Counsel pointed out Section 4 of the Tenancy

Act and submitted that, as per Section 4, a person who is lawfully

cultivating any land belonging to another person is deemed to be a tenant.

He emphasised the words "lawfully cultivating any land" and submitted that

nothing has been brought on record to show that Laxman and others were

lawfully cultivating the land as tenants; therefore, it cannot be said that they

were deemed tenants.

1. The learned Senior Counsel further took me through [Section 32

G (2)](https://indiankanoon.org/doc/53995741/) of the Tenancy Act and submitted that to determine the price of the

land to be paid by the tenants, it was incumbent upon the Authority to issue

notices to all landlords, but no notices were issued to the Trust or landlords

however behind the back of the Trust the Respondent -Laxman and his

brothers have obtained the orders; therefore, the order cannot be sustained

in the eyes of the law. He drew my attention to clause 4 of Section 32 of the

Tenancy Act and submitted that the landlord was not given an opportunity

of being heard, thereby violating the provisions of Section 32G of the

Tenancy Act.

1. He further contended that the Revenue Authority has not dealt

with the issue as to who inducted the Respondent as a tenant in the land in

question, nor has it considered how the Trustee can be a tenant. Moreover,

the order dated 15th April 1978 was passed against a dead person, and

                                                                  WP.8038-2013.doc

hence, the said order is null and void. To buttress his submissions, he has

relied upon judgments of the Hon'ble Supreme Court in Kisu @ Ram Kishu

(dead) through LRS vs. Bihar (Dead) By Lrs., (2005) 6 SCC 300; ([page no.36)

and Jaladi Suguna (Deceased) Through LRS Vs. Satya Sai Central Trust and others](https://indiankanoon.org/doc/785816/),

(2008) 8 SCC 521; (page No.39) and pointed out the headnotes 'A' and 'C' of

the respective judgments and submitted that in view of the law laid down in the said judgments, the order passed against a dead person is null and void.

1. Learned Senior Counsel has relied upon the judgment of the

Hon'ble Supreme Court in A.V. Papayya Sastry & Ors. Vs. Government A.P. and Ors;

AIR 2007 SC 1546; (page No.13) and took me through the headnote 'A' and

paragraph Nos. 38 to 42 and 46 and [T. Vijendradas and Another vs. M.

Subramanian and Others](https://indiankanoon.org/doc/1210794/); 2008(1) ALL MR 446 (S.C.); (page No.25) and

pointed out headnotes 'B, D, E' and paragraph Nos. 3, 4, 5, 10 and 14, 27,

28 34 and 37 and submitted that once it is established that a successful

party obtained an order by playing fraud is required to be vitiated likewise

such order cannot be held legal, valid and in-consonance with law. Such an

order is non-est and cannot be allowed to stand, and therefore, it is

submitted that the said order is illegal. He also pointed out from the record

that the Respondent, Laxman, and his brothers, without making the Trust a

party, committed fraud upon the Authority as well as the Trust and obtained

the orders. Therefore, those orders are non-est and vitiated. He further

submitted that the judgment of T. Vijendradas (supra) is identical to the case at

                                                                     WP.8038-2013.doc

hand and therefore, the law laid down therein is squarely applicable.

1. The learned Senior Counsel further argued that it is the duty of

the litigant to disclose all material and correct facts before the Court or

Authorities. Non-disclosure of material and correct information before the

Authority amounts to an abuse of the process of law. To buttress his

submission, he has relied upon the judgment of the Hon'ble Supreme Court

in [Bhaskar Laxman Jadhav and others vs. Karamveer Kakasaheb Wagh Education

Society and others](https://indiankanoon.org/doc/72446159/) (page No.35A) reported in (2013) 11 SCC 531; and

pointed out head note 'B, C, D', paragraph Nos. '42 to 47' and 51.

1. He then canvassed that if the property belongs to the Trust in

such circumstances, the provisions of Section 88 B of the Maharashtra Public

Trusts Act (for short, the "Trust Act") are applicable. The tenant could not

purchase the property because the provisions of Sections 32 to 32R of the

Tenancy Act do not apply. Similarly, there is no requirement to produce a

certificate under Section 88B of the Trust Act in a Civil Suit while

determining the question in dispute. To buttress his submission, he has

relied upon the judgment of this Court in Dhanappa Balappa Sawale, deceased,

through Legal Heirs & Ors. Vs. Gurulingeshwar Devasthan , 2011(3) Bom. C.R. 109

(page No. 1) and pointed out the headnote and paragraph Nos. 7 and 8, and

in the case of [Poulad Deochand Patil Vs. Samasta Aher Nhavi Panch Trust and

another](https://indiankanoon.org/doc/907018/); 1992 Mh. L. J. 412; (page No.7); and pointed out the headnote 'A'.

WP.8038-2013.doc

1. He further submitted that if any person is in possession of the

land in question without the landlord's consent, then he cannot be said to be

a tenant, but can only be termed a trespasser. In support of his submission,

he has relied upon the judgment of the Hon'ble Supreme Court in [Maneksha

Ardeshir Irani and another Vs. Manekji Eduji Mistry and others](https://indiankanoon.org/doc/1184385/); AIR 1974 SC 2123;

(page no.10). On the point of delay in filing the appeal, he contended that

in absence of filing of an application for condonation of delay, it cannot be

said that the delay is deemed to have been condoned and submitted that the

order dated 14th August 1965 was challenged after a period of 10 years

without filing an application for condonation of delay. No order was passed

about the condonation of delay. As such, the appeal filed in 1975 is liable to

be dismissed on the ground that the Appeal was barred by the limitation. In

Support of his submissions, he has relied on the judgment of the Hon'ble

Supreme Court in Ragho Singh v. Mohan Singh and others, 2001 AIR SCW 2351

(page no.47).

1. Lastly, he harped on the point that the Respondent, Laxman,

and others had obtained the orders from the Revenue Authorities by playing

fraud upon them as well as upon the Trust. The Authorities passed those

orders without considering the material facts on record and without

scrutinising the documents. Therefore, said orders cannot be sustained in

the eyes of the law. Accordingly, the petition filed under Article 227 of the

Constitution of India is maintainable. This Court is empowered to entertain

                                                                  WP.8038-2013.doc

the impugned judgment and order. To buttress his submission, he has relied

on the judgment of the Hon'ble Supreme Court in [Gopala Ganu Wagale Vs. Shri

Nageshwardeo Patas Abhishekh Anusthan Trust, Patas](https://indiankanoon.org/doc/1724646/), (1978) 2 SCC 47; (page

no.48); and submitted that in view of the law laid down in [the said

judgment](https://indiankanoon.org/doc/1724646/), the petition filed under Article 227 of the Constitution of India is

maintainable.

1. The sum and substance of the arguments of learned Senior

Counsel was that the Respondents - Laxman was the Trustee of the Trust;

however, he has suppressed the said fact from the Court and, in collusion

with his brothers, has concealed the material facts and fraudulently

obtained orders from the Authorities i.e. without making the Trust as a party

or behind the back of the Trust o. Therefore, he urged that the matter be

remanded back to the concerned Authority for a fresh hearing.

1. Per Contra, Ms. Talekar, learned counsel, strenuously argued

that the petitioner Trust had not pleaded fraud in its application before the

Tribunal. Instead, only the grounds raised by the petitioner Trust were

recorded in paragraph Nos. 8 and 9 of the said application, and she drew

my attention to paragraph Nos. 8 and 9. Therefore, she emphasised,

"whether a question of fraud can be raised in the writ jurisdiction for the

first time in the absence of the pleading or whether this Court can entertain

the said pleading in Writ Jurisdiction for the first time. " She further pointed

                                                                     WP.8038-2013.doc

out the reasoning recorded by the Tribunal in Revision Application No. 1-B

of 1998.

1. She canvassed that this Court by an order dated 11 th July 2014,

framed the moot question, which is required to be answered i.e. "whether

petitioner - Trust is entitled to claim exemption in view of Sec.88-B(2) of

Tenancy Act regarding the Trust property" and "whether the Respondents

are entitled to purchase the Trust property in view of provisions of the said

Act" and accordingly granted the 'Rule'. On the point of fraud, she

contended that merely alleging fraud is not sufficient; the Petitioners must

establish the intention to deceive the Petitioners or the Court, from the

material on record, and in the absence of the same, it cannot be said that

Respondents have played a fraud upon them and the Court.

1. She further argued that no issue regarding the tenancy was

raised before the Tribunal; therefore, the question of dealing with the same

doesn't arise before the Tribunal. She also drew my attention to Section 3(8)

(2) of the Bombay Tenancy Act, 1939 and submitted that the said Act came

into force in 1948 and pointed out Section 89A of the said Act, i.e. removal

of doubt.

1. She took me through the order dated 14th August 1965 (page

No. 38) and submitted that the Additional Tahsildar had suo motu taken

cognizance and initiated proceedings; however, no notice was issued to

                                                               WP.8038-2013.doc

Gyanoba, i.e., the brother of Laxman and Tukaram, in whose name the

lands were recorded as a tenant. The Additional Tahsildar never issued the

notice to him in accordance with the law. The Additional Tahsildar, after

considering the material before him, dropped the proceedings under [Section

32G](https://indiankanoon.org/doc/53995741/) of the Tenancy Act and directed that proceedings under Section 32P be

initiated. The order itself indicates that the Additional Tahsildar himself

initiated the proceedings under Section 32P. Then she has drawn my

attention to Tenancy Appeal No. 130 of 1975 and pointed out grounds

raised by the Gyanoba in the said proceedings, i.e. ground Nos. 1 to 3 as

mentioned in the said order and after considering the said grounds, on 08 th

July 1977, the Special Land Acquisition Officer (Minor Project),

Ahmednagar (page No.64), has passed an order and remanded the matter to

the Additional Tahsildar to give an opportunity to the appellant, i.e.

Gyanoba, to put his case. The Trust has not challenged the said order to

date; therefore, it remains unchallenged. She further argued that in the

7/12 extract or revenue record, only Rammanna's name was reflected, and

in the ownership column, except for his name, nobody's name appeared in

the revenue record; therefore, the question of issuance of notice to the Trust

or other persons doesn't arise. Therefore, the Additional Tahsildar, in its

order dated 15th April 1978, observed that, as the legal heirs of Rammanna

Jallanna, deceased, were not recorded in the revenue record, the question of

issuing notice to them or the Trust did not arise at all.

WP.8038-2013.doc

1. Moreover, learned counsel for the Respondents drew my

attention to the order dated 16 th February 1987, passed in TNC Appeal

No.04 of 1979, read the relevant paragraph in the said order, and submitted

that it is observed therein that rent was paid until 01st April 1957.

Thereafter, the tenant paid no rent. The Tahsildar has also included the rent

due after the tiller's date. The said order has also not been challenged by the

Trust; in fact, it is a crucial order affecting the parties' rights that has

remained unchallenged.

1. Thereafter, she pointed out the order dated 31 st December 1992

and submitted that the petitioner Trust was aware of the order passed in

Tenancy Appeal No. 04 of 1979 on 18 th July 1987. Still, the Trust did not

challenge the same until the year 1995, nor was an application filed for

condonation of delay, nor was an explanation given about the said delay.

The learned counsel further took me through page Nos. 72, 73 and 73A of

the order dated 31st December 1992, and submitted that the learned

Additional Tahsildar has dealt with every aspect and held that the order

dated 15th April 1978, passed by the Additional Tahsildar, is still in force or

existence, thus, the said order is just and proper and no interference is

required in it.

1. She further advanced arguments that the Petitioners have never

raised doubt or objections regarding the tenancy of the Respondents, nor

have they alleged that the Respondents had played a fraud upon the Court

                                                                   WP.8038-2013.doc

or the Petitioners; therefore, the question of answering all those

doubts/objections by the concerned Authorities doesn't arise.

1. The learned counsel took me through the applications filed by

the Petitioners before the Assistant Collector and SDO, Parner, and pointed

out that the Petitioners have raised only two grounds, i.e., first, that no

notices were issued to the Petitioners, or that no opportunity was given to

them to contest the matter. Behind their back, the orders were passed.

Second ground was raised that the land in question belongs to the Trust and

therefore the provisions of Section 32 of the Tenancy Act do not apply to the

present proceedings. Therefore, while passing the order, the SDO framed

the issues, answered them vide the order dated 30 th March 1996, and

remanded the matter to the Tahsildar for fresh consideration. She further

showed an order dated 31st December 1992 and drew my attention to an

order dated 30th March 1996.

1. Thereafter, she referred to an application filed before the

Tribunal by the Petitioners and evince ground Nos. 8 and 9 in the said

application. The Tribunal, while passing the order dated 16 th August 2013,

framed points for determination and recorded its findings; therefore, she

canvassed that the reasoning recorded by the Tribunal is proper. She has

shown the last four lines from paragraph No. 10 and the finding in

paragraph No.11. So, she propounded that the Tribunal in its order has

                                                                    WP.8038-2013.doc

observed that the Trust had not obtained the certificate as per [Section 88

(2)](https://indiankanoon.org/doc/53995741/) of the Tenancy Act and had not shown that the income of the Trust was

being utilized for religious/charity purpose and passed an order accordingly.

Then she read Section 88 B (1) (b) (2) and sub clause (2) of the said Act

and submitted that the Petitioners had not produced any documents

regarding carrying out the audit report as mandated in the said Section.

Thus, the Trust failed to comply with the provisions of Section 88 B (1) of

the Tenancy Act.

1. To buttress her submissions, she has relied on judgments along

with the compilation of judgments dated 06 th November 2025 and referred

to the relevant paragraphs in the said judgments and submitted that in view

of the judgments of this Court in Yakub Baig Trust Panvel Erstwhile Mominpada

Masjid Yakub Baig Trust, Through its Chief Trustee Muzaffar Mustafa Baig Vs. Ganu

Mahadu Gaikar and others; 2024 SCC Online Bom 2486 and Chhatrapati Charitable

Devasthan Trust. Vs. Parisa Appa Bhoske and others; 1979 Mh. L. J. 163 , the

Petitioners have not applied for the exemption certificate under Section 88

to date. On the point of limitation, she relied upon judgments of this Court

in Pandurang Sakharam Gavali (since deceased) through [Legal Heirs Sunita Vilas

Gavali & Ors. Vs. Balwant Shankar Gadave](https://indiankanoon.org/doc/28857006/) (since deceased) through Legal Heirs

Rekha Sagar Gaikwad & Ors. (judgment and order dated 14 th February 2023, passed

in Writ Petition No.7315 of 1999) and Udhav Jayram Katarnavare, since deceased by

his L.Rs. Varubai Udhav Katarnavare & Ors. Vs. Bhima Jungal Katarnavare and Ors.;

1999 SCC OnLine Bom 450 and submitted that as per law laid down in [WP.8038-2013.doc

Pandurang Sakharam Gavali](https://indiankanoon.org/doc/28857006/) (supra), there is no limitation period prescribed to

pay the purchase price. Unless the positive steps are shown to be taken

under Section 32 P of the Act, the period of limitation does not commence

for the tenant's rights to be declared as owner and pay the purchase price. Per contra, she canvassed that as per dictum in Uddhav (supra), Petitioner

Trust being landlords had to give sufficient reasons for condoning the delay

in preferring the proceedings and submitted that in the year 1988, the

Petitioners had the knowledge, however, till the year 1995 they did not take

any steps, neither preferred any appeal against the said order nor showed

sufficient reasons for causing the delay in preferring the Appeal. Therefore,

the proceedings filed by the Petitioners are barred by the law of limitation.

1. On the point of fraud, she relied upon the judgment of the

Hon'ble Supreme Court in [Harjas Rai Makhija (Dead) Through Legal

Representatives Vs. Pushparani Jain & Anr.](https://indiankanoon.org/doc/191145855/) (2017) 2 SCC 797 and referred to

paragraph No. 20 of the said judgment. As such, she argued that ' a mere

concealment or non-disclosure without intent to deceive or a bald allegation

of fraud without proof and intent to deceive would not render a decree

obtained by a party as fraudulent.'

1. On the point of scope and powers of the Superintendent under Article 227 of the Constitution of India, reliance was placed on judgments of

the Hon'ble Supreme Court in [Mohan Amba Prasad Agnihotri & Ors. Vs. Bhaskar

Balwant Aher (D) Through Lrs](https://indiankanoon.org/doc/844409/).; (2000) 3 SCC 190, Surya Dev Rai Vs. Ram Chander

                                                                 WP.8038-2013.doc

Rai & Ors.; ([2003) 6 SCC 675 and Municipal Corporation of Greater Mumbai and

Others Vs. Vivek V. Gawde](https://indiankanoon.org/doc/17704747/), etc., 2024 SCC OnLine SC 3722 , and referred to the

relevant paragraphs therein. Reliance was also placed upon the judgment of

this Court in Shri. Hanuman Maruti Mandir Deosthan Trust, Kumshet, Taluka -

Junnar, District - Pune & Ors Vs. Sau. Vina Yogesh Doke & Ors. (passed in Writ

Petition No.5567 of 2017 dated 25th November 2024) and drew my attention to

paragraph Nos. 35 and 36 of the said judgment and submitted that in view

of the observations made in the said judgment, the Tribunal should be

considered to be vested with such incidental or ancillary powers, unless

there is any indication in the statute to the contrary. Lastly she urged that in

view of the law laid down in the above judgments, this Court has very

limited power to interfere in the findings of facts recorded by the Tribunal,

so also mere recording the property in the schedule-I is not enough to

exempt the same from the application of the provisions of the Tenancy Act,

the property has to be recorded in certificate issued under Section 88 B of

the Tenancy Act, however, the Petitioners had not applied for such a

certificate under Section 88 B to date. Also, before the registration of the

Trust, the Respondents were the protected tenants of the land in question;

therefore, they are deemed to be purchasers within the meaning of [Section

88B](https://indiankanoon.org/doc/53995741/) of the Tenancy Act. The Petitioners have not raised any ground

regarding tenancy or fraud in the application filed before the concerned

Authorities. Therefore, she urged that, in view of the law laid down in the

above-cited judgments, the petition is liable to be dismissed with costs.

WP.8038-2013.doc

1. Mr. Kulkarni, learned counsel appearing for Respondent Nos. 5

to 7 has drawn my attention to the order dated 31 st December 1992, passed

by the Tahsildar, Parner and referred to the observations made in the

judgment (page Nos.71 and 72) and submitted that till 12 th November

1991, the petitioner - Trust's name was never mutated in the revenue record

and the first time vide Mutation Entry No.478, the name of the petitioner -

Trust was recorded in the revenue record. He pointed out Mutation Entry

No. 478 (at page No. 45). Then he pointed out an entry in the Record of

Right of the Revenue Record (page No. 44) and showed entry No. 77 from

the said document, and submitted that the said entry was recorded on 28th

June 1975. By the said entry, the Circle Officer has brought the name of

LRs. of deceased Yellappa on record, which includes the names of original

Respondent Nos. 1, 2, and 4 to 7, and canvassed that the said entry itself

indicates that Yellappa was the tenant, who died on 04 th April 1953, and

therefore, his LRs. were brought on record. He adopted the remaining points

of argument advanced by Ms. Talekar, learned counsel for Respondent Nos.

1A-a to 1A-d and 2B to 2d and 4A to 4C.

1. Mr. Dhorde, learned Senior Counsel in reply, has tendered a

copy of the written submissions on behalf of the petitioner along with the

judgment of this Court in Arjun s/o Bhimaji Lakare (deceased) through LRs. & Anr.

Vs. Hindustani Momin Banarasi Jaatiche Panch Mandali & Anr.; 2014(3) Mh.L.J.870

and judgment of the Hon'ble Supreme Court in Randhir Kaur (Deceased)

                                                                   WP.8038-2013.doc

Through her Lrs. Vs. Balwinder Kaur & Ors.; AIR 2019 SC 2793 . The learned Senior

Counsel pointed out page No. 37 of the petition and submitted that no

documents were produced before the Authority at the time of the first

proceeding. Accordingly, said documents cannot be considered in the writ

petition. Then he took me through paragraph No.3.11 of the judgment in

Randhir Kaur (supra) and submitted that, in view of the law laid down in the

said judgment, additional documents cannot be produced in the writ

petition, which were never produced before the concerned Authorities. The

learned Senior Counsel further pointed out the last two lines on page No. 84

of the petition and drew my attention to headnote 'B' and paragraph Nos. 13

and 14 of the judgment in Arjun Lakare (supra), and submitted that the

deemed continuation of tenancy would not apply to tenancy of Trust,

keeping in view Section 88-B of the Tenancy Act. Thereafter, he took me

through note B in the written submissions and submitted that the order

dated 14th August 1965 has become final to the extent of Laxman and

Tukaram, and that the Respondents never challenged the said order.

Accordingly, he has pointed out the order passed by the Tribunal at page

Nos. 95 and 112, and submitted that clauses 1 and 3 of the order are

contrary. Accordingly, he urged that the petition be allowed.

1. In view of the framing of the moot question by this Court, as

well as having heard Mr. Dhorde, the learned Senior counsel for the

Petitioners, as well as Ms. Talekar and Mr. Kulkarni at length.

WP.8038-2013.doc

1. The following question arises for determination: -

i) Whether the Petitioner-Trust is entitled to claim
exemption in view of Section 88 B (2) of the Tenancy Act, or
whether the Respondents are entitled to purchase the writ
properties in view of the provisions of the said Act ?

ii) Whether any interference is required in the judgment
and order dated 16th August 2013, passed by the learned
Member, MRT, Aurangabad ?

iii) What order ?

1. After a marathon hearing of the learned counsel for the parties

and having gone through the material on record, at the outset, it appears

that the property in question originally belonged to Gyanu Tukaram Karle.
On 1st June 1908, he was a minor. One of his paternal aunts was

Nagammabai Adiwar. As per the wish and will of the father of Gyanu,

through his guardian Nagammabai, the property in question was gifted in

favour of Chinu Limbaji Samal and six others as mentioned above, for

utilisation of the said land for charitable purposes, i.e. the income received

from the said property was to be used for charitable purposes of Hindu

temples. Accordingly, the said Gyanu executed a Gift Deed in favour of the

pachas, and possession of the property in question was alleged to have been

handed over to them.

1. On 22nd November 1945, one panch/member of the committee,

namely Chinnu Limbaji Kamathi, died. The panch committee thereafter

                                                               WP.8038-2013.doc

included Ramanna Jalanna Lolap as a member. Accordingly, SDO passed the

order on 23rd October, 1945. Based on the said order, mutation entry No.

414 was taken in the revenue record on 8th January, 1946.

1. On 14th April, 1952, four panch members out of seven

members, i.e. 1) Rajanna Malanna Bhoir, 2) Balkrishna Shankar Lolap, 3)

Laxman Yellapa Chittar and 4) Baburao Sayanna Munner applied to the

Assistant Charity Commissioner, Pune, requesting him to register the Public

Trust, namely Telgu Munnurwar Dnyanganga Trust. In the said application,

the intention to form a Trust to utilise the income received from the

property in question for the welfare of the Temples was disclosed. They have

also provided a detailed description of the document as a Gift Deed dated 1 st

June, 1905, and the reasons for forming the Trust stated therein. In column

No. 7 of the said form, the description of S. No. 88 to the extent of 15 Acre

15 G and S. No. 89 to the extent of 28 Acre of the village Kurund is

mentioned. The said form itself indicates that the panchas in whose favour

the property in question was gifted applied to the Assistant Charity

Commissioner to register a public charitable Trust in accordance with the

Trust Act to accomplish the purpose mentioned in the Gift Deed and to

ensure the smooth administration of the income received from the property

in question.

1. On the said application, on 12th May, 1953, the Assistant

Charity Commissioner passed the following order.

WP.8038-2013.doc

"The Trust is ordered to be registered. .... Carry out of the ........ formality."

1. Based on the said order, the Trust's name was registered with

the office of the Bombay Public Trust, Pune. Accordingly, in the said index,

in column No. 2, the name of the Trust is mentioned as " Telgu Munnurwar

Dnyanganga Trust". In column No. 3, the names of the Trustees have been

recorded as 1) Mallanna Krishnaji Barmellu, 2) Rajanna Mallanna Baid, 3)

Balkrishna Shankar Lolap, 4) Laxman Yallappa Chittar and 5) Babu Sayanna

Muttar/Munner were recorded in Sch. I of the P.T.R. Register as Trustees. In

column No. 4, the procedure for the election of the Trust is specified as ' by

the people of the samaj .' In column No. 5, the purpose for which the Trust

was formed is mentioned as " the income from the lands is to be applied to

any Hindu temple". In column No. 6, the description of the document why

the Trust was registered is given, and in columns Nos. 10 to 15, the details

of the lands are given. In column No. 27, details of documents based on

which the Trust has obtained ownership rights, and who is in possession of

the property, are provided, i.e., by a registered Gift Deed dated 1 st June,

1905, the Trust obtained ownership rights in the lands, and same were in

possession of the panchas/Trustees from 7th April, 1952, as mentioned. Said

entry was taken in Schedule I of the PTR Register on 12th May, 1953.

1. It further emerges that in the year 1965, the Additional

Tahsildar and ALT, Parner, initiated proceedings under Section 32G of the

                                                                               WP.8038-2013.doc

Tenancy Act, wherein Laxman and Tukaram were shown as tenants, and

Ramanna Jallanna and Mallanna were shown as Landlords of the writ

properties. It is pertinent to note that Ramanna was not shown as a Trustee

of the Trust, nor was the Trust made a party to the said proceedings.

1. During the said proceedings, two questions were framed by the

learned Additional Tahsildar -

(i) Whether the tenant to whom the individual notice has been
issued is the lawful tenant entitled to the right of purchase? -

      Answer : 'Yes', the tenancy is supported by entry in the other rights
      column of the 7/12 extract of the lands in question. The said entry
      denotes from the years 1953-54 to 1963-64. So also, the Tenants
      admit the tenancy.

(ii) Whether the tenants are willing to purchase the lands?

      Answer: 'No', the tenants have refused to purchase the lands.

1. Having considered the above, the learned Additional Tahsildar,

Parner, passed the following order.

The tenants are unwilling to purchase the suit lands, and I
therefore declare the purchase as ineffective under Section
32/G/(3) of the Tenancy Act. The proceedings under Section 32G
should be dropped, and the proceedings under Section 32/P should be
started. The parties and the village officers should be informed
accordingly in form No. 26.

Parner
14-08-1965 (M.A. Khan)
Additional Tahsildar and ALT, Parner. 56. It is worth noting that Laxman and Tukaram have not stated

how they came into possession of the land in question or how the Trust

                                                                    WP.8038-2013.doc

created the tenancy in their favour. Similarly, they have not made the Trust a

party to the proceeding but shown Ramanna and Mallanna as the landlords.

In fact, they were not the landlords. The filing of proceedings against a third

person is itself untenable. Apart from that, the Additional Tahasildar had not

discussed about which documents were produced by Laxman and Tukaram

before him to claim that they had acquired the tenancy right in the lands in

question. Nothing has been discussed about the same. It is to be noted that

Laxman is one of the Trustees of the Trust as per Schedule I. Therefore, even

assuming his name was recorded in the other rights column, it cannot be

said that he has tenancy rights based on those entries. But on the basis of

the entries in Schedule I of the PTR register, his name might have been

recorded in the other rights column of the property in question.

1. Besides, by the order dated 14th August, 1965, the Additional

Tahsildar dropped the proceedings under Section 32G of the Act and started

the proceedings under Section 32P of the Tenancy Act. Therefore, the

question of Laxman and Tukaram's claim to tenancy rights over the lands in

question raises doubts.

1. It is pertinent to note that in the order dated 31 st December,

1992, the Tahsildar, Parner (page 73B in the second para) categorically

observed that Ramanna Kamathi, who was shown as landlord of the lands,

died on 14th December, 1962. The said fact itself indicates that the

                                                                       WP.8038-2013.doc

proceedings were filed against the dead person, and an order was passed

against the dead person, Ramanna. Therefore, the said order is non-est and

vitiates in its entirety. It is worth noting that Laxman and Tukaram had not

challenged the said order at any point in time.

1. It is apparent that in the year 1975, Gyanoba, brother of

Laxman and Tukaram, filed Tenancy Appeal No. 130 of 1975 against the

order of Additional Tahsildar, Parner, on 14 th August, 1965, under [Section

32G](https://indiankanoon.org/doc/53995741/) of the Tenancy Act. It is to be noted that Gyanoba was not a party to

the proceedings before the learned Additional Tahsildar, Parner, who passed

the order dated 14th August, 1965. Therefore, the question of challenging

the said order by him does not arise after a period of 10 years. It cannot be

overlooked that Laxman and Tukaram, who were the parties to the said

order, had not challenged the said order nor preferred any proceedings

against the said order. However, their brother, Gyanoba, had preferred

Tenancy Appeal No. 130 of 1975 against the said order.

1. In fact, he was not a party. Therefore, the question of his filing

an appeal does not arise. It is pertinent to note that he has not filed any

application for condonation of delay while filing the appeal. Therefore, on

the grounds of limitation as well as locus, the said appeal was not tenable in

the eyes of the law. However, the learned Special Land Acquisition Officer

did not consider these material facts and the settled position of law and has

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erred in entertaining the appeal and remanding the matter to the Courts

below for a fresh hearing. It is to be noted that the learned Special Land

Acquisition Officer neither set aside the order dated 14 th August, 1965, nor

allowed the appeal, but by cryptic and unreasoned order remanded the

matter to the Court below for giving an opportunity to the appellant therein

to put his case. The said order was unreasoned and perverse to the

proposition of law and therefore cannot be sustained in the eyes of law.

1. Apart from this, in ground No. 3 of the Appeal Memo in Appeal

No. 130/75, although Gyanoba alleged that he has been in possession of the

writ lands since 1953, when Yellapa died. However, in the 1975 Appeal, his

age was stated as 32 years. That means in 1953, he was approximately 10

years old. This itself indicates that he was a minor, and it cannot be said

that, being 10 years old, he was cultivating the writ lands, or he was in

possession of the same. That's why he might not have been the party to the

proceedings. Assuming that he was in possession of the writ lands, he had

not preferred the Appeal within the prescribed period of limitation.

1. After passing of the order dated 8 th July, 1977 in Tenancy

Appeal No. 130 of 1975 Gyanoba, Laxman and Tukaram appeared before

the Additional Tahsildar, Parner as the applicants and one Ramanna Jallanna

Kamathi was shown as the Respondent (as deceased died on 14 th December,

1962) to the proceeding under Section 32G of the Tenancy Act, which was

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commenced before the Additional Tahsildar, Parner.

1. By filing said Application, Laxman and his brothers pretended

to claim their rights against Ramanna Jallanna Kamathi, denoting him as

the owner of the lands/landlords. The said fact itself indicates that the

proceedings were shown to have been commenced against a dead person or

one who had no rights in the writ lands as an owner. Therefore, the question

of opposition by any person does not arise. In fact, they have to claim their

rights against the Trust as the Trust is the owner of the property in question.

But they did not make the Trust a party to the proceeding; instead, they

made the deceased Ramanna the Respondent/landlord. Therefore, passing

the order on 15th April, 1978, in the said proceeding is non-est and null.

Consequently, the said order cannot be sustained in the eyes of the law.

1. Thereafter, Gyanoba preferred the Tenancy Appeal No. 4 of

1979 against the order dated 15 th April, 1978, passed by the Additional

Tahsildar, Parner, for fixing the price of the lands in question on the ground

that the Tahsildar had erred in fixing the purchase price, wherein he made

Laxman and Tukaram as Respondents. The Assistant Collector, without

considering the material on record, passed a cryptic and unreasoned order

on 16th February, 1987, thereby allowing the appeal in part and remanding

the matter to the Tahsildar to determine the purchase price in light of the

observations made therein.

WP.8038-2013.doc

1. Pursuant to the order dated 16th February, 1987, passed in

Tenancy Appeal No. 4 of 1979, Gyanoba Yellappa Chittar, Laxman Yellappa

Chittar and Yellappa Tukaram Chittar appeared before the Tahsildar in

tenancy proceedings under Section 32G in Tenancy Appeal No. 4 of 1979. In

the said proceeding, they have, for the first time, made the Petitioner Trust a

party. The Tahsildar, by a judgment dated 31st December, 1992, ordered

that Gyanoba, Laxman, and Yellappa had purchased the tenancy lands of

the Petitioner- Trust under the Tenancy Act; accordingly, directed them to

deposit the amount of Rs. 10,095.87/- before the Tenancy Court, subject to

the condition laid down in Section 43 of the Tenancy Act.

1. Aggrieved by the order dated 15 th April, 1978 and 31st

December, 1992, in Tenancy Appeal No. 4 of 1979, and tenancy proceedings

under Section 32G/Karandi/33 have been preferred in Tenancy Appeal No.

2 of 1995 before the Assistant Collector and SDO, Parner. The SDO,

Ahmednagar, vide judgment and order dated 30 th March 1996, allowed the

appeal, quashed and set aside the order dated 31 st December, 1992, and

remanded the matter to the Courts below for an inquiry afresh.

1. Being dissatisfied with the judgment and order dated 30 th

March, 1996, the Petitioner Trust has preferred Revision Application No. 1

of 1998 before MRT, who allowed the Revision Application and the orders

passed by the SDO in Tenancy Appeal Nos. 2 of 1995 and 3 of 1995 were

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quashed and set aside. Also, the order dated 28th November, 2000, passed by

the Tahsildar was set aside. Laxman and others have challenged the said

order in Writ Petition No. 7229 of 2004, wherein this Court, by order dated

25th April, 2008, quashed and set aside the order dated 28 th November,

2000, and remanded the matter to the Tribunal for fresh consideration.

1. On remand, the learned Member, Tribunal, dismissed the

Revision Application filed by the Trust and confirmed the order dated 31 st

December, 1992, passed by the Tahsildar. The Tribunal also quashed the

order dated 30th March, 1996. I have perused the said impugned order. The

learned Member, Tribunal, despite observing that the Additional Tahsildar

passed the order against a dead person, has erred in holding that the

tenants are entitled to purchase the Trust property.

1. The learned Member of the Tribunal in paragraph 9 though has

observed that the Trust is the owner of the property, however, has erred in

recording the reasons that the Trust had not obtained exemption certificate

under Section 88 B (2) of the Tenancy Act that the Trust has not utilized the

whole income of the Trust for the religious purpose and the writ lands were

in possession of the tenants. The Trust has not produced any evidence to

show that the income was spent for a religious purpose. Therefore, the

Tahsildar has not accepted the plea of the Petitioner Trust but has held that

Laxman and his brothers are the tenants of the lands in question and has

                                                                 WP.8038-2013.doc

determined the purchase price. He further observed that the order passed by

the Tahsildar is just and proper. In fact, the said order appears contrary to

the settled provisions of law and the facts on record; it prima facie appears

that Laxman, along with his brother Tukaram and Gyanoba, had initiated

proceedings against the deceased, rather than the Trust. They had not

disclosed the correct facts before the authorities obtained the order.

Therefore, the said order cannot be sustained in the eyes of the law. Thus, a

finding recorded by the learned Member of Tribunal that the Trust has not

obtained the exemption certificate under Section 88B (2) of the Tenancy Act

was passed without application of mind.

1. In fact, Laxman and his brothers had not produced any

documents on record before the Tribunal or the Authorities to demonstrate

that, by virtue of any document, they have the tenancy rights in the writ

lands. On the contrary, the revenue records indicate that the Trust owns the

writ lands. Therefore, the filing of the application by Laxman and his

brothers without making the Trust a party leads to the drawing of an

adverse inference against them. As such, the order dated 16 th August 2013,

passed by the learned Member of the Tribunal, cannot be sustained in the

eyes of the law.

1. During the course of the argument, some queries were put to

Ms. Talekar, learned counsel for the respondent, regarding the documents

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on which the respondent relies to demonstrate that they were the protected

tenants of the writ properties before the tiller's date. If any revenue

documents are available with them, ask them to produce them. Pursuant to

the said query on 07th November 2025, the Respondents produced certified

copies of the 7/12 extract and the mutation entry, along with an affidavit of

Respondent No.1-A-b - Dinesh Suresh Koli. The Respondents have produced

the 7/12 extract of Survey Nos. 88 and 89 for the year 1931-32 till 1939-40,

and also produced the mutation entry no. 438 on record and canvassed that,

as per the said mutation entry, Yelappa, who is the ancestor of the

Respondents, was declared a protected tenant of Survey Nos. 88 and 89

under Section 3(A)(2) of the Bombay Tenancy Act. Therefore, she argued

that the respondent's ancestor is declared as a protected tenant before the

tiller's date, i.e. 01st April 1957, and therefore, provisions of the Trust Act do

not apply to the tenants, who are in possession of the lands.

1. Perusal of 7, 7-A and 12 extracts of Survey No.89 indicates that

in the year 1937-38, the names of Yellappa Sayanna and Narsing Shivanna

were recorded in the tenancy and rent column (7-A) as possessor on behalf

of the panchas. Similarly, for the year 1938-39, the entry denotes that

Yellappa Sayanna executed the lease/rent agreement in favour of Jalanna

Ramanna Chittar. Their names were recorded in the tenancy and rent

column of S. No. 88. Likewise, the remark made in the 7-A column of

Survey No.89 is identical to the remark made in the 7, 7-A and 12 extracts

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of Survey No. 88. A Plain reading of the mutation entry no. 438 of the

village Kurund shows that on 27th June 1947, Yellapa Sayanna was declared

as a protected tenant under Section 3(A)(2) of the Tenancy Act. The said

entry in respect of Survey Nos. 88 and 89 were sanctioned on 16 th March

1. However, the subsequent entry indicates that, under the lease/rent

agreement, Yellappa Sayanna created rights in favour of Jalanna Ramanna

Chittar.

1. In response to the above, the Petitioners have also filed an

affidavit stating that the documents produced by the Respondents were

never produced in the proceedings before the authorities or the Tribunal.

Therefore, the same cannot be considered in this writ petition. Accordingly,

learned counsel for the petitioner submitted that the documents produced

on record cannot be taken into consideration, as they were not part of the

proceedings before the authorities and the Tribunal.

1. It is worth noting that neither the Tribunal nor the authorities

have dealt with or discussed the 7/12 extract in respect of Survey Nos. 88

and 89 from the year 1931 to 1938-39 or mutation entry No. 438. Neither

the Authorities nor the Tribunal have considered those documents. In fact, it

was incumbent upon the authorities and the Tribunal to deal with those

documents. The Respondents have not produced the documents from 1940

onwards before the Court to demonstrate that, as of the tiller's date, they

were in possession of the writ properties as tenants.

WP.8038-2013.doc

1. Needless to clarify that, in the above background, I have not

dealt with the issue of fraud in determining the controversy between the

parties. Consequently, I find no substance in the arguments advanced by the

learned Advocate for the respective parties in that regard, and the said point

is kept open.

1. A plain reading of Sec.32-G of the Tenancy Act indicates that it

is a deeming provision, and, by a statutory mandate, vests title in that land

being cultivated by a tenant, in the tenant, as on 01 st April 1957. On account

of the deeming provision of Section 32G of the Tenancy Act, the vesting is

complete on 01st April 1957, and the provisions of tenancy apply for the

determination of the purchase price and grant of certificate under [Section

32-M](https://indiankanoon.org/doc/53995741/) of the Tenancy Act are consequential to such vesting. The divesting of

title in the land cultivated by the tenant would only arise, when and if the

Agricultural Lands Tribunal passes an order in that regard, of the tenant not

having completed requirement of determination of purchase price or tenant

having surrendered the land or in view of other provisions of the [Tenancy

Act](https://indiankanoon.org/doc/53995741/) which provides for it, in case they are held to have been complied with.

1. Having considered the above discussion and the provisions of

law, it appears that despite remand of the matter earlier, the learned

Tribunal, failed to deal with the short question that arises in the present case

as to whether the petitioner is entitled to obtain the exemption certificate

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under Section 88-B of the Tenancy Act or whether the Respondents are

entitled to purchase the writ property as alleged in its proper perspective

and the same remained unaddressed and unanswered. It also appears that

the Respondents claim that, in 1938-39, the competent Authority declared

their ancestor as a protected tenant. On the other hand, the Petitioner claims

that the Trust was registered under the Trust Act on 12 th May, 1953, i.e.

before the tiller's date. Therefore, they are entitled to obtain an Exemption

Certificate under Section 88B (2) of the Tenancy Act. The learned Tribunal,

as well as the authorities, have neither considered the relevant documents

nor dealt with them or the relevant provisions in their proper perspective

and have erred in holding that the Trust has not obtained the Exemption

Certificate from the competent Authority under Section 88-B (2) of the

Tenancy Act, and therefore, the order passed by the Tahsildar is just and

proper, and, the order passed by the Sub-Divisional Officer is contrary to the

provisions of the Tenancy Act. In light of the above background, I do not

find substance to go into the controversy that arose between the parties in

the Writ Jurisdiction in the absence of the relevant material on record and

its appreciation in accordance with law. Consequently, question No. 1 raised

in the petition is rendered redundant.

1. It is apparent from the record that the Additional Tahsildar, by

order dated 14th August, 1965, held that Laxman and Tukaram, sons of

Yellappa, were unwilling to purchase the writ properties, and therefore,

                                                             WP.8038-2013.doc

declared that the purchase was ineffective under Section 32G (3) of the

Tenancy Act and proceedings under Section 32G were dropped, and

proceedings under Section 32P were initiated. However, neither Laxman nor

Tukaram had challenged the said order until 1975. In the year 1975,

Gyanoba, claiming to be a legal heir of Yellappa, filed an Appeal No.

130/1975 against the order dated 14 th August, 1965, passed by the

Additional Tahsildar before the Land Acquisition Officer. It is to be noted

that Gyanoba or the Respondents have not produced any document before

the Court to demonstrate that Gyanoba was in possession of the writ

properties in the year 1975 or prior to that to show that, based on the said

documents, he had the right in the writ properties to challenge the order

dated 14th August, 1965. M. E. No. 77 indicates that Yellapa died on

04.04.1953, leaving behind six sons, including Tukaram and Laxman. At the

relevant time, Gyanoba was a minor. However, none of the parties has

produced the documents before the authorities, Tribunal or the Court to

demonstrate that Gyanoba was in possession of the writ properties in 1975

or earlier. The order dated 14th August, 1965, passed by the learned

Additional Tahsildar, does not reflect that he had scrutinised the relevant

revenue records before passing the order. However, without considering the

record and in the absence of a filing of an application for condonation of

delay, the Special Land Acquisition Officer allowed the appeal and

remanded the matter to the Court below. Moreover, the said order appears

to be cryptic and unreasoned.

WP.8038-2013.doc

1. Thus, with this background, the impugned order as well as the

orders passed by the authorities cannot be sustained in the eyes of the law.

Therefore, in my opinion, the orders impugned are liable to be quashed and

set aside by remanding the matter to the Tribunal for reconsideration afresh,

in view of the observations made hereinabove. Accordingly, interference is

warranted in the impugned order under the writ jurisdiction. In view of the

above discussion, in my opinion, the judgments relied upon by the learned

counsel for the respondent on the point of scope and powers of the

Superintendent under Article 227 of the Constitution of India are hardly of

any assistance in support of her submissions. Similarly, in the wake of the

above-detailed deliberation, it is not required at this stage to deal with the

law laid down in the other judgments relied upon by the parties; the same

may be considered at an appropriate stage.

1. As a result, the Writ petition is partly allowed . The impugned

order dated 16th August, 2013, passed by the Tribunal, and orders dated

14th August, 1965, 15th April, 1978, 31st December, 1992, passed by the

Additional Tahsildar and Tahsildar, respectively, are hereby quashed and set

aside. The matter is remanded back to the Tribunal for fresh consideration.

1. Needless to clarify that the Tribunal shall consider the

observations made as above and determine whether ancestors of the

Respondents were declared as Protected tenants in 1938 or who were in

possession of the writ properties at the time of registration of the Trust on

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12th May, 1953, as well as on the tiller's date 01 st April, 1957. Similarly, it

shall determine whether the Petitioner-Trust is entitled to claim an

exemption certificate u/sec. 88B(2) of the Tenancy Act, or whether the

Respondents are entitled to purchase the writ lands/Property and thereafter

pass an appropriate order. For a long time, the matter has been pending

between the parties; accordingly, it would be appropriate to direct the

Tribunal to decide the matter expeditiously and ensure that, in any case, it is

decided within 120 days of receipt of this order.

1. The Rule is made partly absolute in the above terms. No order

as to costs.

(ABHAY J. MANTRI, J.)

1. At this stage, the learned Advocate Ms. Pradnya Talekar for the

Respondents submitted that the Respondents desire to challenge this order

before the Hon'ble Supreme Court, so the same is to be kept in abeyance for

eight weeks, to which learned Senior Advocate Mr. Dhorde for the Petitioner

has strongly objected.

1. Having considered the facts and circumstances of the case, in

my view, it would be appropriate to keep this order in abeyance for a period

of eight weeks from today, as it would not cause prejudice to the parties.

Accordingly, the order is kept in abeyance for eight weeks.

(ABHAY J. MANTRI, J.)