TMI Blog1975 (8) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... dated June 22, 1966. the Collector allowed the appeal and dismissed the application. The respondent-Mandir preferred a second appeal, which was allowed by the Additional Commissioner by order dated March 10, 1967. He restored the order of the Sub-Divisional Officer. The non-applicants (petitioners herein) filed a revision before the Board of Revenue, which was dismissed by order dated September 30, 1967. Their review application was also dismissed by order dated February 28, 1970. They have now moved this court under Article 226 of the Constitution for a writ to set aside the orders of the Board of Revenue and the Additional Commissioner. There is no dispute that the land in question was muafi Devasthani held by the deity. The Board of Revenue has held that Fosuram was a lessee under ah oral lease from year to year. Fosuram was directed by the lessor to desist from cultivation from July 1, 1964, after cutting the Rabi crop (of Sambat 2020). The lease stood terminated on July 1, 1964 by virtue of Section 168 (4) of the M. P. Land Revenue Code, inasmuch as Fosuram was a lessee of a disabled Bhumiswami within the meaning of Clause (viii) of Sub-section (2) of Section 168 of the Cod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... two purposes, namely, religious or charitable, there is a third independent purpose which can be a public purpose. The word 'public' in the definition is used in contradistinction to 'private'. That is to say in the case of a private religious trust this Act will not apply. There can be nothing like a private charitable trust because a trust which is charitable must necessarily be a public trust. Now, it must be recalled that this was said while dealing with the definition of 'public trust' as contained in Section 2 (4) of the M. P. Public Trust Act, 1951. The question in that case was whether 'Maloji Rao Narsingh Rao Shitole Litigation Conduct, Cost and Benefit Trust', could bring a suit for eviction of a tenant under the provisions of the M. P. Accommodation Control Act, 1961. The expression 'public trust' there is defined as follows:-- Public trust means an express or constructive trust for a public, religious or charitable purpose and includes a temple, a math, a mosque, a church, a wakf or any other religious or charitable endowment and a society formed for religious or charitable purpose. In that definition, undoubtedly, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct to physical or mental disability due to old age or otherwise; or (vi) a person detained or imprisoned under any process of law; or (vii) a person in the service of Armed Forces of the Union; or (viii) a public, charitable or religious institution; or (ix) a local authority or a co-operative society; may lease the whole or any part of his holding. Each category of Bhumiswami enumerated in Sub-section (2) of Section 168 refers to a person who is by his very nature unable to cultivate the land himself. There is nothing to confine the word 'person' to human beings. The word 'person' in this clause refers not only to a natural person but also to a juristic or artificial person. In 70 CJS 688 it is stated:-- While in its primary sense the term 'person' means a natural person only, the generally accepted meaning of the word as it is used in law includes artificial as well as natural person, or, as it is sometimes stated, the term 'person' includes natural persons and artificial, conventional, or juristic persons . There is nothing in the Code which expressly or by necessary intendment excludes a j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and balances have been provided to prevent any abuse of the exceptions. Now the second proviso really aims at preventing a mischief; for instance, where a widow having granted a lease, remarries; or a minor on whose behalf a lease was granted, attains majority. A lease, in either of these cases cannot continue from year to year, nor can it continue for the agreed term of the lease; it shall, by operation of the second proviso, ipso facto, cease to be in force after one year of the widow getting remarried or a minor attaining majority and so on. Likewise, where any such lessor died, the lease cannot be continued by the heirs of the deceased beyond the period of one year after the death of the lessor. It will automatically cease to be in force after one year of the death. To put it differently, the second proviso enacts for an automatic cessation of a lease on the determination of the disability whether by death or otherwise. When the disability ceases, the lease-- ipso fact ceases. It cannot be continued beyond one year of the determination of the disability, merely because when it was granted, it was valid, or merely because the term of the lease has not expired; this is statutory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered : 1st. What was the common law before the making of the Act. 2nd. What was the mischief and defect for which the common law did not provide. 3rd. What remedy the Parliament hath resolved and appointed to cure the disease of the Commonwealth, and 4th. The true reason of the remedy, and then the office of all the Judges is always to make such construction as shall suppress the mischief and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief and 'pro private commodo', and to add force and life to the cure and remedy according to the true intent of the makers of the Act, 'pro bono publico'. Adverting to the scheme of the Code it will be seen that:-- (1) In this Code, there is only one class of tenure holders. The different tenures which existed under the correponding laws of the various regions constituting the Madhya Pradesh State were superseded and were brought under one class of tenure holders called 'Bhumiswami& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for a fixed term, it will cease to be in force on the expiry of that term. On the ground of contravention of any material term or condition, the lessee can be ejected even before the lease ceases to be in force, that is even before the expiry of the lease period, or the happening of the event on which it was agreed that the lease would cease to be in force. The lessor and the lessee can always agree that the lease will stand determined on the happening of an event or on the expiry of a term certain, whichever is earlier. There is no impediment in law to such an agreement being made between the parties. In accordance with such an agreement the lease will cease to be in force on the happening of the specified event or by effluxion of time, as the case may be. Such a case would be within the purview of the expression 'on the lease ceasing to be in force', within the meaning of Sub-section (4) of Section 168 This can be demonstrated by numerous illustrations, but the following three will suffice:-- (i) A lease granted on behalf of a minor up to such time that the minor passes Higher Secondary School Examination, will expire as soon as he passes the examination, the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the lessor on the ensuing first day of July. On the basis of the continuous and consistent practice and traditions in all the parts of this State, it can be said that where the period of lease is not expressly agreed to between the parties, the lease must be deemd to be from year to year (year meaning agricultural year). The conclusions we have reached above may be summed Up thus:-- (1) In the case of a muafi Devasthani (i.e. rent free grant to a temple), the temple must be presumed to be a public religious institution within the meaning of entry (viii) of Section 168 (2), unless the contrary is alleged and proved. The burden is on the party which alleges that it is a private institution. (2) 'Person' in entry (v) of Section 168 (2) of the Code includes a juristic artificial or conventional person. (3) The Deity or idol installed in a temple is a person of the category specified in entry (v) of Section 168 (2) and is subject to 'disability' within the meaning of that entry. (4) The cessation of a lease contemplated in the second proviso to Section 168 (2) of the Code is automatic and mandatory. Cessation of the lease is effected notwithstanding ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
