MOTIBHAI PANCHABHAI KHRISTI Vs. MAGANBHAI DESAIBHAI PATEL

JUDGEMENT

(1.) This special civil application has been preferred to a larger Beach for resolving the controversy arising out of conflicting views expressed by M. P. Thakkar, J. in Bhailalbhai Govindbhai V/s. Bai Nandubha wd/o Gulabsing Mohansing, 18 0 GLR 901 and N.H. Bhatt, J. in Nathubhai Gandabhai V/s. Bhagubhai Ichubhai, 21 0 GLR 366, regarding the interpretation of sec. 32(1B) of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Tenancy Act').

(2.) M.P. Thakkar, J. has taken the view that the provisions of this section enure for the benefit of heirs of a deceased tenant and that such heirs can apply u/s. 32(1B) for necessary reliefs; while N.H. Bhatt, J. has taken a contrary view.

(3.) This petition earlier reached final hearing before B. K. Mehta, J. who was not inclined to agree with the view expressed by N. H. Bhatt, J. and hence, B. K. Mehta, J. directed the matter to be placed before the learned Chief Justice for referring it to a larger Bench and that is how this matter has been placed before us for final decision.