STATE OF GUJARAT Vs. BAI NANBAI DEVAYAT

JUDGEMENT

(1.) HEARD Ms. Bhatt, learned AGP for the appellant State. Though served none appears for the respondents.

(2.) THE appellants, original defendant no. 1 in Regular Civil Suit No. 104 of 1975 have approached this Court under section 100 of the Civil Procedure Code by way of this second appeal assailing the judgement and order passed by the appellate court in Regular Civil Appeal No. 28 of 1982 dated 17.03.1983 as well as the order and judgement dated 31.07.1980 passed by the trial court in Regular Civil Suit No. 104 of 1975 partly allowing the suit filed by the present defendant no. 1 original plaintiff.

(3.) THIS court has gone through the evidence on record more particularly the impugned orders as well as the relevant provisions of the Gujarat Agricultural Land Ceiling Act, 1960. The following substantial questions of law were considered by this Court while admitting the appeal: Whether the Civil Court has jurisdiction under Section 9 & 47 of Gujarat Agricultural Land Ceiling Act to decide the questions involved in the suit as it can only be decided by the Revenue Officer as per the provision of Gujarat Agricultural Land Ceiling Act. Considering the fact of the case whether the plaintiffs' suit is barred by limitation. Looking to the facts and circumstances of the case whether the suit notice is legal and valid.