AJAYPAL JAGIR TRUST Vs. DINKARRAY L VAIDYA

JUDGEMENT

(1.) : The learned advocate for the petitioner seeks permission to amend the prayer clause. Leave to amend the prayer clause is granted.

(2.) This petition is filed by the Collector, who is the administrator of the petitioner trust. The trust is under the management of the State Govt. since the time of the former State of Kutch.

(3.) The facts giving rise to the present petition are that the petitioner trust owns an open price of land known as "Smashanvalo Wado", admeasuring about 2000 sq yards. This land was let to one Laxman Punja Ayar, the father of respondent no.2 herein. The said land was being sold to respondent no.2, tenant, which was objected to by respondent no.1 herein. The respondent no.1 had preferred an appeal under sec.36(3) of the Bombay Public Trusts Act, 1950 ("the Act" for brevity), before the Gujarat Revenue Tribunal ("the Tribunal" for brevity). When the said appeal came up for hearing before the Tribunal, the same came to be allowed by the Tribunal by an order dated 5.1.1990, operative part of that order reads as under: