VASAVA MOHAN MOTI Vs. INDRAVADAN KUBERDAS SAMPATRAM

JUDGEMENT

(1.) The Bombay Tenancy and Agricultural Lands Act 19482 (hereinafter referred to as the Act) is again the Act which has given rise to these two civil revision applications. These two civil revisional applications have been filed by the respective petitioners against an order passed by the learned Civil Judge (Junior Division) Sankheda on miscellaneous application No. 5 of 1960.

(2.) In order to appreciate the points raised in this application it is necessary to mention a few facts and these facts are very simple. There is an immovable property bearing survey No. 274 in the village Morakhala in Kalol Taluka of the Panch Mahals District. This immovable property consisted of agricultural lands. This agricultural land was owned by one Kuberdas Sampatram the father of the opponents before me.

(3.) Before the year 1939 Kuberdas Sampatram mortgaged these agricultural lands to one Tribhuvan Nathalal and Purshottam Gulab. In the year 1950 Kuberdas Sampatram filed a suit being regular civil suit No. 105 of 1950 in the Court of the Civil Judge at Kalol in Panch Mahals District against Tribhuvan Nathalal and Purshottam Gulab for redemption of these mortgaged lands and in this suit a decree for redemption was passed by the Trial Court which decree was confirmed in appeal by the District Judge at Godhra on appeal by the mortgagees being appeal No. 16 of 1951 The matter was further carried to the High Court in second appeal and on July 6 1956 a consent decree was obtained by the mortgagor Kuberdas Sampatram and the mortgagees whereby it was provided that on payment being made by Kuberdas Sampatram of the mortgage amount he should be allowed to redeem the properties and possession of these properties should be handed over to Kuberdas Sampatram. Kuberdas Sampatram thereafter filed a Darkhast being regular Darkhast No. 1 of 1957 for taking possession of these agricultural lands and the executing Court pleased to issue a warrant for possession. On June 23 1958 the respective petitioners in these two civil revision applications filed applications causing obstructions to the possession of these lands being handed over to Kuberdas Sampatram. In both these applications the petitioners claimed to be agriculturists and claimed to be tenants of these lands having become so from the mortgagees and claimed that these lands were agricultural lands. They claimed to be in actual possession of these lands. On July 14 1958 Kuberdas Sampatram filed two applications in the Court of the Civil Judge Kalol being applications Nos. 11 and 12 of 1958 against the respective petitioners in these two civil revision applications for removing the obstruction caused by them.