KALIDAS PUNJABHAI VYAS Vs. GIRDHARBHAI PARSOTAM KRISTI

JUDGEMENT

(1.) This petition is filed against the judgment of the Gujarat Revenue Tribunal in Revision Application TEN. B.A. 604 of 1982. The petitioner was declared a deemed purchaser of land bearing S. No. 510 and the purchase price was fixed at Rs. 1450.80 by the Mamlatdar and Agricultural Lands Tribunal, Anand. Aggrieved by that order, Maganbhai Purshottambhai and Girdharbhai Purshottambhai, the co-owners of the land, preferred an appeal to the Deputy Collector, Anand. It was dismissed. They therefore, filed the aforesaid revision application before the Gujarat Revenue Tribunal.

(2.) Sometime thereafter, i.e., on 18-12-1982, Maganbhai died. His heirs were not brought on record and the learned Advocate appearing for both the applicants gave an application to the Tribunal for deleting the name of Maganbhai. The petitioner thereupon raised a contention that the whole revision application abated as the heirs of Maganbhai have not been brought on record at all. The Tribunal rejected the contention in view of Regulation No. 24 of the Bombay Revenue Tribunal Regulations, 1958 and held that the revision application could proceed so far as applicant No. 2 was concerned. The Tribunal then proceeded to hear the matter on merits and allowed the revision application and remanded the case to the Mamlatdar for fresh inquiry. The order whereby the Tribunal rejected the petitioner's objection and decided the revision application on merits is challenged in this petition.

(3.) The petitioner has appeared in person and his contention is that as the heirs of Maganbhai were not brought on record, the whole revision application abated. He placed reliance upon two decisions of the Supreme Court in Ram Sarup v. Munshi, AIR 1963 SC 553 and Rameshwar Prasad v. Nathu Ram, AIR 1963 SC 1901.