held that the said Act cannot be made applicable to the land held by association/institution in view of the decision of the Additional Collector ... give different definitions for the same term and, therefore, anyone occupying Devasthan land could not be held to be entitled to claim protection under
land holding as 66 acres 13 gunthas
out of which she claimed an exemption of 32 acres 19
gunthas. The lands consisted of Devasthan Inam ... including the lands. Section 2(14)
defines the expression "to hold land" as follows:
"to hold land" with its grammatical variations
four lands and the house by him, defendant No. 1 sold the house and three out of the four lands to Murigeya for a consideration ... prior to the suit.
2. The trial Court held that the lands were Devasthan Inam lands and as such inalienable. Two grounds of appeal were
seen that the land was owned by Deity, Vajarai of Village Vajrachounde, Taluka Tasgaon, District Sangli, and the land was Devasthan Inam land. He submits
Devasthan Inams Abolition
Act, 1969 particularly Section 5 of the Act which
provides Abolition of certain Devasthan Inams
together with their incidents and Devasthan lands ... payment of land revenue. He has
specifically relied on Section 5(a) of the said Act
which provides that all Devasthan inams except
Apex Court has held as under :-
6. Maufi grants for Devasthan lands were governed by Section 13
of Kawaid Maufi-daran. The said provision ... entrusted to the Aukaf Department for
Management of Devasthan, and entry of such land shall be
made in the Patwari Papers as follows:
'Government
Petitioners with regard to the subject land on the premise that the
subject land belonged to Devasthan and therefore proceedings under
the Maharashtra Tenancy ... Agricultural Land Act would not be
applicable to Devasthan land. He would submit that Petitioners were
completely unaware of the proceedings before
Devasthan Inami Class III land. The land of the
Petitioner which was acquired was a Class-I land ... restrictions
qua sale, lease and letting of the land on account of the land being
Devasthan Inami Class III land. Since the land
statements should not be accepted.
8. As far as land belonging to Devasthan is concerned, the Division Bench of this Court in Writ Petition ... judgment dated 12th Nov. 1992 has held that the land belonging to Devasthan cannot be included or clubbed together with the holdings of the petitioner
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rsk 69-WP-13210-23.doc
Devasthan land which has come to be illegally transferred and as such
pursuant
