VIKRAMSINHJI BANEHSINHJI Vs. DUDA DEVSHI

JUDGEMENT

(1.) The applicant who is a Girasdar and to whom certain lands were allotted for personal cultivation and to whom an occupancy certificate was issued under the Land Reforms Act obtained possession of those lands but he was dispossessed. He then filed a suit under sec. 5 of the Mamlatdars Courts Act complaining of dispossession. His plea of dispossession was accepted by the Mamlatdar but in revision the learned Deputy Collector Jetpur held that the relief could be given under the Land Reforms Act and not under Mamlatdars Courts Act.

(2.) He therefore set aside the order passed by the Mamlatdar under the Mamlatdars Courts Act. In revision this order of the learned Deputy Collector is challenged. The scheme of the Land Reforms Act is that provided certain other conditions are satisfied a Girasdar is allotted land for personal cultivation and is given an occupancy certificate in respect of such land. Similarly a tenant who satisfies certain requirements is given an occupancy certificate in respect of certain lands. When an occupancy certificate is given to the tenant under section 30 of the Saurashtra Land Reforms Act he gets the rights and privileges which are mentioned in section 31 of the Act. As provided by section 31(a) the tenant has all the rights and obligations of an occupant under the Land Reforms Act and under the Code in respect of the holding. Code is defined in section 2 of the Sau. Land Reforms Act as the Bombay Land Revenue Code 1879 as adapted and applied to the State of Saurashtra. Similarly in the case of a Girasdar when he is granted an occupancy certificate under sec. 20 of the Sau. Land Reforms Act the Girasdar becomes an occupant.

(3.) The expression occupants rights are defined in section 68 of the Saurashtra Land Revenue Code as under :-