RAOJIBHAI MOTIBHAI THAKOR Vs. SHANTABEN KALIDAS CHAUHAN

JUDGEMENT

(1.) Leave to amend. In these two petitions, under Art. 227 of the Constitution of India, common questions are involved and both these petitions are directed against the common judgment and order passed by the Gujarat Revenue Tribunal, in Revision Applications Nos. 556 of 1982 and 557 of 1982, on 26-8-1985. Therefore, with the consent of the learned Counsels appearing for the parties, both these petitions are disposed of by this common judgment. For the sake of convenience, Special Civil Application No. 6149 of 1985 is hereinafter referred to as the "first petition" and Special Civil Application No. 6163 of 1985 is hereinafter referred to the "second petition".

(2.) In order to appreciate the merits of these two petitions, it would be necessary to refer to the relevant facts giving rise to the present petitions.

(3.) Respondent No. 2 in the first petition, Chandrashanker Pursottam Joshi, was the original owner of an agricultural property bearing Revenue Survey No. 621/1 (paiki), admeasuring 0.243/4 Gunthas situated in the town of Anand. Respondents Nos. 2, 3 and 4, Bhagwatprasad Umiyashanker Joshi, Vasudev Umiyashanker Joshi and Smt. Savitaben, widow of Umiyashanker Joshi, were the owners in respect of the agricultural property bearing Revenue Survey No. 614/2 admeasuring 0.27 Gs. and a part of Revenue Survey No. 620/ 1, admeasuring 0.221/2 Gs., situated in the town of Anand. The above properties are hereinafter referred to as 'the disputed lands' for the sake of convenience. One deceased Mathurbhai Nathubhai was recorded as the tenant in respect of the disputed lands, who died, on 2-8-1970.