KALIDAS RUPABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, in this petition under Articles 226 and 227 of the Constitution of India, has challenged the direction given by the Additional Secretary, Revenue Department (Appeals), Government of Gujarat, Ahmedabad, to the competent authority to initiate eviction proceedings against the petitioner under Sec. 9 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947,(hereinafter referred to as "the Act") while exercising the powers under Section 211 of the Bombay Land Revenue Code (hereinafter referred to as "the Code") at the time of deciding the revision application filed by the respondents No. 2 to 10.

(2.) The facts, as are emerged from the petition, are that one Somabhai Zenabhai, father of respondents No. 2 and 7 and the husband of respondent No.6, and respondents No. 2 to 4 were the co-owners of the land bearing Survey No. 561+562 situate in the outskirts of the Village Jahaj. The said respondents have sold the land admeasuring 425 sq.mtrs. out of the said land to the petitioner and the petitioner was put in the actual possession of the said land. The respondents No. 1 to 4 have thereafter executed the registered sale deed on 5.9.85 in favour of the petitioner.

(3.) It is further submitted that the respondents No. 2 to 5 have thereafter tried to disturb the petitioner's possession of the same land and hence Regular Civil Suit No. 317 of 1985 was filed by the petitioner. It is further submitted that a compromise was arrived at between the parties in the said suit and compromise decree was passed on 11.12.85.