Mrs. Sujata V. Manohar, J. - (1.) The appellants in these appeals are trusts, either for an educational purpose or are institutions for public religious worship. The entire income from the lands belonging to each of these institutions is appropriated by it for the purposes of the trust. All these institutions are covered by Section 129(b) of the Bombay Tenancy and Agricultural Lands (Vidharbha Region) Act, 1958 (hereinafter referred to as 'the Tenancy Act of 1958'). Section 129 of the Tenancy Act of 1958 is as follows:"129. Nothing in the foregoing provisions except Section 2 the provision of Chapter II (excluding Sections 21,22,23,24 and 37) and Section 91 and the provisions of Chapters X and XII in so far as the provisions of the said Chapters are applicable to any of the matters referred to in sections mentioned above shall apply - (a) ********** (b) to lands which are the property of a trust for an educational purpose, hospital Panjarpole, Gaushala, or an institution for public religious worship, provided the entire income of such lands is appropriated for the purpose of such trust; and (c) to (d) ********** Explanation - For the purpose of clause (b), a certificate granted by the Collector after holding an inquiry, that the conditions mentioned in the said clause are satisfied by the trust shall be the conclusive evidence in that behalf."
(2.) Each of these trusts have been granted a certificate by the Collector under the Explanation to Section 129 of the Tenancy Act of 1958.
(3.) The respondents in each of the appeals and/or their predecessors-in-title were tenants in respects of the lands belonging to the appellants. On the death of the tenant, the appellants filed an application for summary eviction of the respondents under Section 120 of the Tenancy Act of 1958. The appellants contended that on the death of the tenant, the tenancy came to an end and they were entitled to obtain possession of the lands. In these proceedings, ultimately the Maharashtra Revenue Tribunal in revision held that the tenant of the appellants-trust had not become a statutory purchaser under the Tenancy Act of 1958. However, the heirs of the deceased tenant, were entitled to succeed to the tenancy. Hence the revision application of the appellants was dismissed. This decision was challenged by the appellants by filing a writ petition before the High Court. The High Court has dismissed the writ petitions so filed on the ground that the issue is covered against the appellants by a decision of the Full Bench of the Bombay High Court in, Khanqah-Kadria Trust (Wakf), Balpur v. Shevantabai wd/o/Raoji Shivaji (1989 Mah LJ 891). This has led to the filing of the present appeals.;