Grover, J. - (1.) This is an appeal by special leave from a judgment of the High Court of Bombay dismissing a petition under Article 227 of the Constitution which had been filed by appellant Sansthan.
(2.) The appellant is a private religious Trust, which is managed by Laxman Anant Mulay who is described as a Wahiwatdar (Manager). The main source of income for performing the several acts including the daily worship of the family deity (Shri Kalanka Devi) is stated to be derived from endowed agricultural land. Respondent No. 4 is the tenant in field survey No. 94 with an area of 30 acres 8 gunthas in Mouza Malrajura, district Akola. On January 30, 1961 a notice was served on behalf of the appellant on respondent No.4 under the provisions of Section 38 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, hereinafter called the Act. It was mentioned in the notice that an earlier notice under Section 9 (i) of the Berar Regulation of Agricultural Leases Act had been served in the year 1955 that the Sansthan required the aforesaid field for personal cultivation and, therefore, he should give up possession. Those proceedings were pending but a notice under Section 38 of the Act was given to terminate the tenancy without prejudice to the previous proceedings. As the notice was not complied with an application was filed on behalf of the appellant under Section 36 of the Act for possession which was opposed by respondent No. 4. The Naib Tehsildar rejected the application on the ground that the Sansthan was not a land-holder who could cultivate the land personally. His order was confirmed by the Sub-Divisional Officer and by the Maharashtra Revenue Tribunal to whom appeals were taken. The appellant ultimately filed a petition under Article 227 of the Constitution before the High Court which, as stated before, was dismissed.
(3.) The only point which has to be determined is whether the Sansthan could take advantage of the provisions contained in the Act by which possession can be claimed from the tenant on the ground that it is required for personal cultivation. Section 2 (12) of the Act defines the words "to cultivate personally" in the following manner: S. 2 (12) "to cultivate personally" means to cultivate on one's own account- (i) by one's own labour, or (ii) by the labour of any member of one's family, or (iii) under the personal supervision of one-self or of any member of one's family by hired labour or by servants on wages payable in cash or kind but not in crop share; Explanation I.- A widow or a minor or a person who is subject to any physical or mental disability, or a serving member of the armed forces shall be deemed to cultivate the land personally if it is cultivated by her or his servants or by hired labourer; Explanations II..........." According to Section 2 (22) the "physical or mental disability" means physical or mental disability by reason of which the person subject to such disability is incapable of cultivating land by personal labour or supervision. The word "tenant" is defined by Section 2 (32) as meaning a person who holds land on lease including a person who is deemed to be a tenant under Sections 6, 7 and 8 and a person who is a protected lessee or occupancy tenant. It is provided that the word "landlord" shall be construed accordingly. Section 38 deals with termination of tenancy by landlord for cultivating land personally. It says that after giving notice to a tenant in writing at any time on or before February 15, 1961 and making an application for possession under Section 36 on or before March 31, 1961 the landlord may terminate the tenancy other than an occupancy tenancy if the landlord bona fide requires the land for cultivating it personally. Sub-section (3) gives the conditions subject to which the tenancy can be terminated.;