BAI ACHHUBA AMARSINGH Vs. KALIDAS HARNATH OJHA

JUDGEMENT

(1.) This is an appeal by special leave from the judgment of the High Court of Bombay allowing a writ application preferred before it by the first respondent and setting aside the order of the Bombay Revenue Tribunal which had upheld the order of the Prant Officer in a matter arising under the Bombay Tenancy and Agricultural Lands Act. 1948 (Bom. LXVII of 1948 hereafter referred to as the Act.

(2.) The appellant was admittedly the owner of survey Nos 231 and 260 of the Village Duchakwada, Taluka Deodar, District Banaskantha in the State of Gujarat. Survey No. 231 was leased out to a tenant, Virua Pana, while survey No. 260 had been reserved by her in the year 1950 for grazing cattle. Possibly other cattle in the village were also allowed to graze there because of paucity of grazing facilities therein.

(3.) The appellant is a jagirdar and evidently possesses considerable property. The respondent No. l was for some time her karbhari (manager of her estate). While he was occupying that position he obtained from her a sale deed on October 31, 1950, in respect of both these fields. According to the appellant she received no consideration for the transaction. However, that is not material. Shortly thereafter, the appellant made an application to the Mamlatdar, Deodar, for a declaration that the sale deed was invalid as being in contravention of Ss. 63 and 64 of the Act. It would appear that at about the same time certain villagers of Duchakwada made an application before the Collector, Banaskantha under S. 84 of the Act for the summary eviction of the respondent No. 1 on the ground that the transaction was rendered void by virtue of the provisions of Ss. 63 and 64 of the Act and also seeking the reservation of survey No. 260 for grazing purposes. It seems that the appellant's application also went before the Collector, inasmuch as the order he made dealt with the appellant's contention also. It ran thus