LexMANIK VINAYAK PATHARE (DEAD) BY RASIK KARSANDAS MAKHECHA versus PANDURANG GANPAT THAKAR & ORS.
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MANIK VINAYAK PATHARE (DEAD)
BY RASIK KARSANDAS MAKHECHA
v.
PANDURANG GANPAT THAKAR & ORS.
DECEMBER 20, 1986
[P.N. BHAGWATI CJ., RANGANATH MISRA, V. KHALID,
G.L. OZA AND M.M. DUTT, JJ.)
Bombay Tenancy and Agricultural Lands Act, 1948, Section·
888( I )(b }, proviso theretC>-Whether the introduction of conditions (i)
and (ii) thereunder offends the provisions of Article 26 of the
Constitution.
A
B
c
In order that the lands belonging to a Trust for an institution for
public religious worship should he entitled to exemption from the
operation of Sections 32 to 32R of the Tenancy Act, 1948, two condi·
lions namely (i) that the Trust most he registered or deemed to he
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registered under the Bombay Public Trust Act, 1950; and (ii) that the
entire income of the lands belonging to a Trust for an Institution for
public religious worship must he appropriated for the purposes of such
a Trust who added under the proviso to section 36B(l)(h) of the Act.
The challenge to the constitutional validity of the same was negatived hy
the Bombay High Court. Hence the appeals hy special leave.
E
Dismissing the appeals, the Court,
HELD: Sub-section l(h) of section 88B of the Bombay Tenancy
and Agricultural Lands Act, 1948 does not offend against Article 26 of
the Constitution by reason of the introduction of conditions (I) and (ii)
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in the proviso to that sub-section. [869G-H)
Both conditions (i) and (ii) do not 'in any way detract from the
exemption granted under sub-section l(h) of section 88B of the Act.
Condition (i) merely introduces a requirement that the Trust must he
registered or deemed to he registered under the Bombay Public Trust G
Act, 1950 and this requirement is introduced in order to ensure that the
Trust is really and truly a trust which falls within the language of sub-
section l(b) of section 88B, namely, that it is genuinely a trust for an
institution for public religious worship. If the Trust is registered or deemed
to he registered under the Bombay Public Trust Act,· 1950, that would
afford incontrovertible proof of the fact that it is a trust for a charitable H
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SUPREME COURT REPORTS
[ 1987] I S.C.R.
A or religious purpose. Condition (ii) requires that the entire income of
the lands belonging to a Trust for an institution for public religious
worship must be appropriated for the purposes of such Trust. It' lands
belonging to a trust for an institution for public religious worship are to
be eligible for exemption under sub-section l(b) of section 888, it '."ould
be quite legitimate for the legislature to insist that the entire income of
B such lands must he appropriated for the purposes or such Trust. That
would ensure that the trust is a genuine Trust for public religious worship
and is not merely a facade for carrying out some other purposes. [869C-F]
c
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2211
(N) of 1969.
From the Judgment and Order dated 22/23.8. 1968 of the
Bombay High Court in S.C.A. No. 1418 of 1964.
V.N. Ganpule for the Appellant in C.A. No. 2211 of 1969.
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S.B. Bhasme, P.C. Kapur, Y.N. Ganpule and S.K. Agnihotri for
the Appellants in C.A. No. 119 l of 1970.
Nemo for the Respondents in C.A. No. 22 l l of 1969.
Vinod Bobde, D.N. Mishra and Ms. Sunita for the Respondents
E in C. A. No. 119 l of 1970.
Mrs. Urmila Sirur, for the Intervener.
The Judgment of the Court was delivered by
F
BHAGWATI, CJ. The only question which arises in these appe-
als is whether sub-section l{b) of section 88B is unconstitutional and
void as offending Article 26 of the Constitution. The constitutional
validity of sub-section l(b) of section 88B is assailed on the ground
that by reason of condition (i) in the proviso to this sub-section, sec-
tions 32 to 32 R of the Bombay Tenancy and Agricultural Lands Act
G 1948 (hereinafter referred to as the Tenancy Act') are made applic-
able to lands which are the properties of a Trust for an institution for
public religious worship, if such Trust is not registered or deemed to be
registered under the Bombay P.ublic Trust Act, 1950 and the applica-
bility of sections 32 to 32R of the Tenancy Act to such lands con-
travenes the right of the institution to own and acquire moveable and
H immovable property under Article 26 of the Constitution. The High
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M.V. PATHARE (DEAD) v.P.G. THAKAR [BHAGWATI, CJ.]
869
Court negatived this challenge urged on behalf of the petitioners. We
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