HARESHKUMAR JASHWANTLAL PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed for the following reliefs :-

(2.) The short facts of the case are that the land bearing Survey No. 97/3 situated in sim of Village Vithoda, Tal. Kheralu, originally belonged to one Gangaram Bharilal and after the death of Gangaram, Bai Galabai, widow of Gangaram became the absolute owner of the said land. On 20.09.1964, Bai Galabai expired and the petitioners being the only heirs and legal representatives, the said lands were allotted to the petitioners. It is the case of the petitioners that after proceedings u/s. 32-C of the Act were dropped, no inquiry u/s. 84-C of the Act, as directed by the order dated 25.04.1968 was held against the petitioners. Some where in the year 1970, the petitioners preferred Regular Civil Suit No. 115 of 1970 before Court below, against respondent no. 2 for redemption of the mortgage which was executed by conditional sale in favour of respondent no. 2. The Court below after considering the submissions of the parties, made a reference to the Mamlatdar and Agricultural Lands Tribunal, Kheralu, u/s. 85-A of the Act for the purpose of deciding the issue as to whether respondent no. 2 was a tenant of the said land and whether he is entitled to purchase the said land. Pursuant to the reference, the Mamlatdar initiated proceedings and in the said proceedings, respondent no. 2 preferred an application for initiating inquiry u/s. 84-C of the Act. However, the said application of respondent no. 2 was rejected. Against the said order, respondent no. 2 preferred an appeal before the Dy. Collector, and the Dy. Collector vide order dated 09.01.1976 directed that inquiry as contemplated u/s. 84-C of the Act be proceeded first. Thereafter, the Mamlatdar & ALT, vide order dated 09.01.1976 allowed the reference and held that respondent no. 2 is a tenant of the said land and he is entitled to purchase the said land. Against the said order, the petitioners preferred appeal being Tenancy Appeal No. 211/78 before the Dy. Collector. The Dy. Collector vide order dated 30.03.1979 remanded the matter to the Mamlatdar & ALT. Pursuant to the said order, the petitioners and respondent no. 3 preferred Tenancy Appeal Nos. 103/82 & 65/82 before the Dy. Collector. The Dy. Collector vide order 20.06.1983 dismissed both the appeals. Against the said order, the petitioners and respondent no. 3 preferred Revision Application Nos. 1663/83 & 93/84 before the Gujarat Revenue Tribunal. The Gujarat Revenue Tribunal vide order dated 23.06.1989 dismissed both the revision applications. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. From the record it transpires that respondent no. 2 was a tenant of the land in question prior to 01.03.1960 and from 01.03.1960 he had obtained this land as mortgage in possession. Moreover, from the document which was produced before the Court below it is evident that prior to the mortgage, the land in question was cultivated by respondent no. 2 and, therefore, when Galabai died on 20.09.1964, respondent no. 2 was entitled to purchase this land on 27.09.1964 and further he is entitled to purchase this land on redemption of the mortgage as per Section 25-A of the Act. Considering the facts of the case, in my opinion, the respondent authorities were completely justified in passing the impugned orders. I am in complete agreement with the concurrent findings recorded by respondent authorities and hence, find no reason to interfere with the same.