RAIJIBHAI SHANABHAI VAGHRI Vs. GOKALDAS VRUJLAL SHAH

JUDGEMENT

(1.) Short but important question of law arises in this petition is, "Whether the petitioner had remedy under Section 84 or 29 of the Tenancy Act" ?

(2.) The petitioner belongs to Scheduled Caste. He had filed an application in the Year 1975 before the Court of Mamlatdar and A.L.T., Anand stating that he was the tenant of the land in question. That Tenancy Case No.53 of 1975 filed by the petitioner under Section 70(b) read with Section 32(O) of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short "the Act") before the Court of Mamlatdar and A.L.T., Anand was decided in favour of the petitioner, by an order dated 21/06/1978 and he was declared as tenant and deemed purchaser of the land under Section 32(O) of the Act.

(3.) The said order was challenged by the respondent landlord in appeal under Section 84 of the Act before the Deputy Collector (Appeals), Anand. It was dismissed on 3/04/1980 and the Deputy Collector (Appeals), Anand and the authority was directed to initiate the proceedings under Section 84 of the Act to evict the landlord, as submitted by the learned counsel for the petitioner. The Revision Application was filed at the instance of the landlord before the Gujarat State Revenue Tribunal (for short the "Tribunal") and the same was dismissed by the Tribunal. Against which a writ petition i.e. Special Civil Application No.1803 of 1983 was filed by the landlord and the same was also dismissed by the learned single Judge of this Court on 24/07/1991. The Review Application i.e. Misc. Civil Application No.1432 of 1991 filed in that writ petition was also dismissed on 23/03/1992 by the learned single Judge of this Court. The matter was carried right upto Hon'ble Supreme Court by way of S.L.P. by the landlord and the same also came to be dismissed. Thus, the first round of litigation between the parties came to an end with the dismissal of S.L.P. by the Hon'ble Supreme Court.