ARVINDBHAI N PATEL Vs. SAVITABEN

JUDGEMENT

(1.) The present petition is filed under Art. 227 of the Constitution of India, being aggrieved of the judgment and order dated 23-11-1990, passed by the Honourable Gujarat Revenue Tribunal in Revision Application No. TEN. C. A. 14 of 1988.

(2.) The facts leading to the present petition are as under : That the petitioners had filed an application in the Court of the Mamlatdar & A.L.T., being Tenancy Case No. 400 of 1975 alleging that they were the tenants of suit Survey numbers (11 in all) and that they may be declared tenants of the suit survey numbers. Respondent No. 8, Shri Manibhai Prabhudas Patel had also filed an application seeking directions to declare him to be the tenant of the same Survey Nos. under Sec. 70(b) of the Bombay Tenancy and Agricultural Lands Act, 1948. The same was given Tenancy Case No. 153 of 1981. Said Manibhai had also filed Civil Suit No. 63 of 1975 in the Court of learned the judgment and order dated 23-11-1990, passed by the Gujarat Revenue Tribunal in Revision Application No. TEN. C. A. 14 of 1988. Civil Judge, who had referred the issue of tenancy to the Mamlatdar and A.L.T., Matar. In view of that the Mamlatdar and A.L.T., consolidated all the three cases and by his judgment dated 19-11-1982 held that petitioner No. 1, Arvindbhai and Rajnikant cannot be declared tenants of the suit survey numbers as the same are fragments while he declared respondent No. 8, Manibhai as the tenant of four survey numbers.

(3.) The petitioners then filed Tenancy Appeal No. 4011 of 1982 and respondent No. 8 Manibhai Prabhudas Patel filed Tenancy Appeal No. 4053 of 1983 in the Court of the Deputy Collector, Kheda, who by his judgment dated 28-2-1983 dismissed the appeal filed by the petitioners while he set aside the judgment and order passed by the Mamlatdar and A.L.T., in favour of respondent No. 8, Manibhai and held that Manibhai was not the tenant of the suit survey numbers as ordered by the Mamlatdar.