TARABEN Vs. MANUBHAI HARINARAYAN PANDYA

JUDGEMENT

(1.) The challenge in this petition is to the order dated 29th July 2002 passed by Gujarat Revenue Tribunal in Revision Application No.TEN.Ba.121 of 1998, whereby the revision was allowed by quashing and setting aside the order of the Deputy Collector passed in Tenancy Appeal No.64 of 1996 and Tenancy Appeal No.65 of 1996 dated 5th January 1998.

(2.) The facts as emerging from the record are as under:

(3.) Mr. J.M. Patel, learned Advocate appearing for the petitioner submitted that the respondents are the nephew and they are related by blood and therefore they are members of the family of deceased land owner Bai Dhanlaxmi and therefore they cannot be declared tenant in view of Section 4 of the Tenancy Act.