CHAUDHARY SHANKERBHAI VELJIBHAI Vs. CHAUDHARY DALSANGBHAI LAVJIBHAI

JUDGEMENT

(1.) THIS application under order 47 Rule 1 of Civil Procedure Code for review of our judgment and order dated 15.07.2011, passed in Letters Patent Appeal No.2600 of 2010 is at the instance of original respondent Nos.4 and 5. Facts relevant for the purpose of deciding this application for review may be summarized thus:

(2.) ORIGINAL Petitioner (party in person) of Special Civil Application No.13450 of 2010 challenged orders passed by Gujarat Revenue Tribunal, Ahmedabad dated 13.09.2010, Deputy Collector, Mehsana dated 22.12.2003 and order dated 18.10.2002 passed by Mamlatdar and ALT, Visnagar in case no.70(B)(2) of 2001. Land bearing Survey No.3150 was owned by one Prajapati Maganbhai Virabhai i.e. father of applicant No.2 herein (original respondent No.5). The Division Bench while deciding Letters Patent Appeal No.2600 of 2010 noted from the record available that the father of applicant No.2 herein stopped cultivating the said land. He in turn put the original petitioner (party in person) in possession of the land and that is how the party in person started cultivating the said land.

(3.) IN Letters Patent Appeal the Division Bench took notice of the fact that all the three authorities below have committed substantial error of law by holding that the party in person is not a tenant, without examining the father of applicant No.2 i.e. the original owner of the land in question, who had actually put the party in person in possession of the land after he stopped cultivating the land. Having noticed this lacuna, the Division bench thought fit to quash the orders passed by the authorities below and remanded the matter for fresh inquiry with a specific direction to examine father of applicant No.2 Shri Prajapati Maganbhai Virabhai.