PUNABHAI DUKALIYABHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, petitioner has prayed to quash and set aside the impugned judgment and order dated 03.01.2007 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN/BS/138/93 by which the Gujarat Revenue Tribunal has allowed the said Revision Application filed by the original landlord and quash and set aside the orders passed by the Mamlatdar & ALT dated 04.01.1998 passed in Tenancy Case No.70/B/60/87 as well as order passed by the Deputy Collector, Vyara dated 27.02.1993 passed in Tenancy Appeal No.23/1992.

(2.) The facts leading to the present Special Civil Application in nut-shell are as under: Petitioner approached the Mamlatdar & ALT in the year 1987 while submitting the application under Section 70(b) of the Bombay Tenancy Act to declare him to be tenant under the provisions of Bombay Tenancy Act with respect to the land bearing survey No.52 54 ad-measuring 1 acre 1 guntha and 2 acre 30 guntha respectively situated at village Galkhadi, which was numbered as Tenancy Case No. 70/B/60/87. It was case on behalf of the petitioner that he was cultivating the land since prior to 1957. That Mamlatdar & ALT by order dated 04.01.1998 allowed the said application and declared the petitioner as tenant of the aforesaid land under Section 70(b) of the Bombay Tenancy Act. Being aggrieved and dissatisfied with the order passed by the Mamlatdar & ALT declaring the petitioner as tenant, the original landlord preferred Appeal before the Deputy Collector, Vyara being Tenancy Appeal No.23/1992 which came to be dismissed by order dated 27.02.1994. Being aggrieved and dissatisfied with the aforesaid orders declaring the petitioner as tenant, original landlord Patadiya Kikabhai Gamit preferred Revision Application being TEN/BS/138/93 before the Gujarat Revenue Tribunal and the Gujarat Revenue Tribunal by impugned judgment and order dated 03.01.2007 allowed the Revision Application and quashed and set aside the orders passed by the Mamlatdar & ALT as well as Deputy Collector declaring the petitioner as tenant. Being aggrieved and dissatisfied with the impugned judgment and order dated 03.01.2007 passed by the Gujarat Revenue Tribunal in Revision Application being TEN/BS/138/93, petitioner has preferred the present Special Civil Application under Article 227 of the Constitution of India.

(3.) Shri Anand Patel, learned advocate appearing on behalf of the petitioner has vehemently submitted that the judgment and order passed by the Gujarat Revenue Tribunal is a nullity as it is passed in favour of a dead person. It is submitted that during the pendency of the Revision Application and before the judgment could be delivered by Gujarat Revenue Tribunal, the original landlord revisionist had died and heirs of original revisionist were not brought on record and therefore, the judgment and order passed by the Gujarat Revenue Tribunal, impugned in the present petition, deserves to be quashed and set aside. It is further submitted that on merits also, when the Mamlatdar & ALT, on appreciation of evidence declared the petitioner as tenant and the same was confirmed by the Deputy Collector, the Revisional Authority ought not to have allowed the Revision Application and ought not to have quashed and set aside the orders passed by the authorities below declaring the petitioner as tenant. It is submitted that by not initiating any proceedings with respect to possession and/or alleged threat of disturbing the possession by the landlord, the Revenue Tribunal has committed an error in drawing the inference against the petitioner. It is submitted that in each and every case, it is not required that whenever there is a threat to possession, proceedings are required to be initiated either before the Civil Court and/or filing the criminal complaint. No other submissions have been made. Therefore, it is requested to admit/allow the petition.