SHANKERBHAI KANJIBHAI Vs. DAGDUBHAI GOVINDBHAI

JUDGEMENT

(1.) These two petitions under Art. 227 of the Constitution of India raise common questions of law and are based on almost identical facts. Petitioners in both these petitions are also common and since the questions of law raised are common and facts giving rise to the present proceedings are also, more or less, common, both these petitions are disposed of by this common judgment.

(2.) In these petitions heirs of one Shankarbhai Kanjibhai are the petitioners. The petitions are directed against the common judgment and order of the Gujarat Revenue Tribunal in Revision Applications Nos. 47 and 48 of 1979 dated 11-4-1980 confirming the judgment and order of the Deputy Collector, Vyara.

(3.) One Kanji Ganesh cultivated two parcels of lands, one being S. No. 105 admeasuring 13 Acres and 38 Gunthas situated at Velad village, Surat District and another being S. No. 57, admeasuring 13 Acres and 38 Gunthas situated at village Mubarakpura, District Surat Said Kanjibhai Ganesh died on 4/12/1927 leaving behind him five sons, namely (i) Shankarbhai, (ii) Govindbhai, (iii) Gopalbhai, (iv) Morarabhai, and (v) Bhikhanbhai. The petitioners are the sons of the deceased Shankarbhai Kanjibhai. Respondents in Special Civil Application No. 2992 of 1980 are Bhikhanbhai Kanjibhai and his two sons, Laxmanbhai and Ramanbhai, while the respondents in Special Civil Application No. 2438 of 1980 are sons of Govindbhai Kanjibhai and Morarabhai Kanjibhai.