religious trust owned agriculture land
Querist :
Anonymous
(Querist) 19 January 2018
This query is : Resolved
my dad possessed registered religious trust owned land &duly paid lease from1969
He expired in 2008,since than i cultiveted land &paid the lease for three years.The new trustees asked me to give them a application requesting to give permission for cultivatiin,they said they have to take permission from charity commissiiner showing them the application.Suddenly they asked for 11k as lease in place of 325that to without any receipt when i refused they published a notice addressing me as a tresspasser.I had filed a suit for permenant mandatory injunction in civil court I got temp injun but the final order rejected my suit stating NO SETTLED POSITION/ PERMISSION NOT TAKEN FROM CHARITY COMM FOR FILLING SUIT AGAINST TRUST/HERIDATORY NOT APPLICABLE FOR PUBLIC TRUST/NO RELIEF OF ANY KIND..NOW WHERE DO I STAND,Pl suggest/advice .It is my only source of BREAD & BUTTER. my case no-RCS-331/2012,AKOLA DISTRICT & SESSION COURT.PL REPLY ,Awaiting with great Hopes..THANKS..
Querist :
Anonymous
(Querist) 19 January 2018
kindly guide me
R.Ramachandran
(Expert) 20 January 2018
No answer can be given to your query without completely going through the documents.
Therefore, better approach a lawyer in your locality with all the documents in your hands and discuss the matter with him and take further steps.
Dr J C Vashista
(Expert) 20 January 2018
If you want to seek an obligation of FREE experts advise you are required to disclose your identity, no reply for an anonymous author.
However, close this question and consult a local lawyer for proper appreciation, analyses, opinion and guidance.
P. Venu
(Expert) 20 January 2018
Yes, what is the opinion of your advocate?
T. Kalaiselvan, Advocate
(Expert) 25 January 2018
You can prefer an appeal agaisnt the orders of the trial court.
but you must ensure that if it is worth enough because your tenancy is not protected since it is a public charity trust.
Whether a statutory tenancy of a land owned by a public trust is heritable under the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (the Vidarbha Act)?
he provisions in the Bombay Act corresponding to sections 54 and 129 are sections 40 and 88B. They read thus :
40. (1) Where a tenant (other than a permanent tenant) dies, the landlord shall be deemed to have continued the tenancy on the same terms and conditions on which such tenant was holding it at the time of his death, to such heir or heirs of the deceased tenant as may be willing to continue the tenancy.
(2) Where the tenancy is inherited by heirs other than the widow of the deceased tenant, such widow shall have a charge for maintenance on the profits of such land.
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
FULL BENCH
Letters Patent Appeal No. 63 of 1986 in Writ Petitions Nos. 325 of 1981, 537 of 1982 and 801 of 1982
Decided On: 18.07.1989
Appellants: Khanqah-Kadria Trust (Wakf), Balapur
Vs.
Respondent: Shevantabai wd/o Raoji Shivaji
The above case law will throw light to your query
