ZAVERBEN Vs. JATINBHAI KANTIBHAI PATEL

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed to quash and set aside the order passed by the Gujarat Revenue Tribunal (for short, "the Tribunal") in Review Application No. TEN.C.A. 15 of 1994 dated 14.10.1994, whereby, the said application was dismissed and the judgment and order passed by the Tribunal in Revision Application No. TEN.B.A. 70 of 1985 dated 31.12.1993, confirming the orders dated 31.01.1983 of the Mamlatdar & ALT, Borsad and dated 10.10.1984 of the Dy. Collector, Petlad respectively, was confirmed.

(2.) The facts in brief are that deceased, Shankerbhai Nathabhai Patel, the predecessor of the petitioners, was cultivating the lands bearing survey nos.7, 151/1-A-B, 160/1, 160/3, 267/1/A-B-C, 269/5 & 288/1 of Village Saijpur, Taluka Borsad, District Kaira. In proceedings initiated u/s.32-G of the Bombay Tenancy and Agricultural Lands Act, the Mamlatdar & ALT held that the deceased was not a 'tenant' of the lands in question, vide order dated 31.01.1983 passed in Tenancy Case No.40/1979.

(3.) Against the said order, Tenancy Appeal No.39/1983 was filed before the Dy. Collector, Petlad, who dismissed the said appeal, vide order dated 10.10.1984. Being aggrieved by the same, the petitioners preferred Revision Application No. TEN.B.A. 70 of 1985 before the Tribunal. The Tribunal, vide judgment and order dated 31.12.1993, dismissed the said revision application. Review Application preferred pursuant to the said order also came to be rejected vide order dated 14.10.1994. Hence, this petition.