Maroti Sansthan vs Gulab Haribhau (Dead) And Ors. on 20 July, 2006
9. The Division Bench in ruling reported in Eknath Bhiku Yaclav and Anr. v. Ganpalrao Shankarrao Dhawan and Ors. (supra), therefore, has found that the trust, before it namely Shri Maruti Deo Trust Pimpli Limtek was registered, for the first time on 8-8-1984 and the tenant was in possession of the lands on the tillers day i.e. 1-4-1957 (for the purpose of the 1948 Act). In view of these facts and requirements of Section 88-B it has been concluded that the trust could not have claimed exemption under Section 88-B of The Bombay Tenancy and Agricultural Lands Act, 1948 as it was not registered before 1-4-1957. The Division Bench has held that if the trust was not so registered on 1-4-1957, the tenant would become a deemed purchaser on that date and once the deemed ownership of the land vested in him on 1-4-1957 it cannot be divested by subsequent registration of the trust. In paragraph 4, the Division Bench has held that exemption granted under Section 88-B to a public trust is subject to two conditions namely (i) a trust may be registered or deemed to be registered under the Bombay Public Trust Act, 1950 and (ii) entire income of such lands should be apportioned for the purpose of the trust.