TMI Blog1998 (11) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... Proceedings. 2. The Deputy Charity Commissioner by his order dated 17th of January 1975, framed and settled a scheme for the management of the said Trust and appointed certain trustees. The second respondent, who had throughout acted as a trustee of the said Trust, was also appointed as one of the trustees under the said order. The scheme was thereafter amended by the Charity Commissioner by his order dated 24th of Oct. 1980 in suo motu proceedings. He ordered substitution of certain new trustees by removing earlier trustees. 3. The second respondent, by this order was removed as a trustee and he was directed to handover possession of the Trust property as well as management of the Trust to the trustees appointed under the order of 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The non-applicants are the present respondents while the applicants are the present appellants 1 to 3. Again in paragraph 4 of this application it is stated, inter-alia, moreover the non-applicant No. 2 is a tenant over the said field Survey No. 14 of Walidatpur and he is entitled to retain possession of the said land till the eviction order from Tenancy Court. Even the District Court has no jurisdiction to try any suit for possession against him . There are no particulars mentioned in this application as to when this alleged tenancy was created in favour of non-applicant No. 2, that is to say, the present 1st respondent. No date of creation of tenancy has been mentioned; nor is it mentioned as to who created this tenancy in favour of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to hold that the issue of tenancy arises and should be referred to the Tehsildar Under Section 125 of the Bombay Tenancy and Agricultural Lands (Vidharbha Region) Act, 1958. The High Court has further directed that the Trust should handover possession of the said land to the 1st respondent. 7. The present appeal has been filed by the appellants challenging that portion of the order of the High Court which directs the framing of an issue relating to tenancy of the 1st respondent and directing handing over of possession of the Trust property to the 1st respondent. 8. It has been submitted by the appellants that the entire proceeding started by the respondents in Execution, claiming tenancy is a collusive proceeding between the forme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be considered. The object and purpose of a pleading is to enable the adversary party to know the case of the opponent. ' In order to have a fair trial it is imperative that the parties should state the essential material facts so that the other party may not be taken by surprise. The Court has, however, cautioned against a pedantic approach to the problem and has directed that the Court must ascertain the substance of the pleading and not the form, in order to determine the case. The respondent have emphasised latter observations. In the present case, however, no material in support of the plea of tenancy has been set up anywhere in any form. In the case of Ms. Nilesh Construction Company and Anr. v. Gangubai and Ors., AIR1982Bom491 , t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ancy and Agricultural Lands (Vidharbha Region) Act, under which proceedings for transfer of ownership to the alleged tenants of whom the 1st respondent was one, were dropped on the ground that properties belonging to the public Trust were exempted Under Section 129 of the said Act. We fail co see how this will help the 1st respondent because the question whether he was in fact a tenant over the said land or not, was not examined in those suo motu proceedings, since, in any event, the lands of the said Trust were exempted from the operation of Section 37 of the said Tenancy Act. 12. In this view of the matter the Executing Court rightly rejected the objections of the respondents and handed over the possession of the Trust lands to the Tru ..... X X X X Extracts X X X X X X X X Extracts X X X X
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