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Mangalbhai Shankerbhai Patel Since ... vs Gujarat Revenue Tribunal on 10 February, 2022 cites

Keraba Dattu Borachate And Ors. vs Sheshashai And Vishnu Trust on 14 August, 1990

4.3 Learned advocate Mr.Purohit also relied upon two judgments of Bombay High Court which are annexed with the petition i.e. in the case of Yadu Dagadu Amrale (Deceased through his L RS) vs. Shriram Samarth Wasudev Swami Math Kanheri reported in 2005 LawSuit (Bom) 483 and in the case of Keraba Dattu Borachate vs. Sheshashai and Vishnu Trust reported in 1990 LawSuit (Bom) 244. Learned advocate Mr.Purohit submitted that the case of the present petitioner is required to be considered in light to these two judgments as the petitioners are in possession of the land since last more than 70 years and much prior to the tillers day, they are declared as 'permanent tenant' and they are in possession of the land and even cultivating the land today Page 9 of 19 Downloaded on : Tue Feb 15 20:59:31 IST 2022 C/SCA/2054/2019 ORDER DATED: 10/02/2022 also and, therefore, as the exemption certificate issued under Section 88B of 'the Tenancy Act' in favour of Respondent No.3 without hearing the petitioners coupled with the fact that the trust is being mismanaged by the trustees, aforesaid certificate is required to be withdrawn / cancelled and, therefore, the impugned order dated 24.09.2018 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN / BA/ 244 of 2017 is required to be quashed and set aside and directions are requires to be issued to the Respondent No.1 to initiate proceedings for exercise of powers under Section 88D of 'the Tenancy Act'.
Bombay High Court Cites 23 - Cited by 8 - Full Document

Yadu Dagadu Amrale (Since Deceased By ... vs Shriram Samarth Wasudev Swami Math ... on 26 April, 2005

4.3 Learned advocate Mr.Purohit also relied upon two judgments of Bombay High Court which are annexed with the petition i.e. in the case of Yadu Dagadu Amrale (Deceased through his L RS) vs. Shriram Samarth Wasudev Swami Math Kanheri reported in 2005 LawSuit (Bom) 483 and in the case of Keraba Dattu Borachate vs. Sheshashai and Vishnu Trust reported in 1990 LawSuit (Bom) 244. Learned advocate Mr.Purohit submitted that the case of the present petitioner is required to be considered in light to these two judgments as the petitioners are in possession of the land since last more than 70 years and much prior to the tillers day, they are declared as 'permanent tenant' and they are in possession of the land and even cultivating the land today Page 9 of 19 Downloaded on : Tue Feb 15 20:59:31 IST 2022 C/SCA/2054/2019 ORDER DATED: 10/02/2022 also and, therefore, as the exemption certificate issued under Section 88B of 'the Tenancy Act' in favour of Respondent No.3 without hearing the petitioners coupled with the fact that the trust is being mismanaged by the trustees, aforesaid certificate is required to be withdrawn / cancelled and, therefore, the impugned order dated 24.09.2018 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN / BA/ 244 of 2017 is required to be quashed and set aside and directions are requires to be issued to the Respondent No.1 to initiate proceedings for exercise of powers under Section 88D of 'the Tenancy Act'.
Bombay High Court Cites 13 - Cited by 1 - B H Marlapalle - Full Document
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