RAMANBHAI B PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing instant appeal under Clause 15 of the Letters Patent, the five appellants claim that the order and judgement dated December 30, 1999 passed by the learned Single Judge in Special Civil Application NO.1939/88 remanding the matter to the Gujarat Revenue Tribunal for deciding two questions, namely, whether the word "person" as defined in Gujarat Agricultural Lands Ceiling Act, 1960 (the Ceiling Act for short) includes "association of persons", and whether in absence of an application under section 8 of the Ceiling Act, the appellants are entitled to different units, as well as the decision dated February 23, 2000 rendered by the learned Single Judge in Misc. Civil Application No.208/2000 rejecting the prayer made by the appellants to review the judgement delivered in Special Civil Application No.1939/88, being illegal should be set aside.

(2.) The relevant facts may be noticed in brief. 2.1 On September 15, 1969 an agreement was entered into between the appellants and their spouses for purchase and cultivation of agricultural lands. It was provided therein that the division/partition of the lands to be purchased should be effected as early as possible. The said agreement is produced at Annexure-D to the petition. The appellants were holding the following agricultural lands: The lands situated at village Madheli were purchased in the names of 10 persons under different sale deeds dated (1) September 14, 1970 which is produced at Annexure-E to the petition, (2) April 29, 1971 which is produced at Annexure-F to the petition, (3) June 23, 1971 which is produced at Annexure-G to the petition and (4) December 18, 1971 which is produced at Annexure-H to the petition. The above referred to lands of village Madheli were partitioned between the joint owners vide deed dated December 30, 1971 which is produced at Annexure-I to the petition.

(3.) We have heard Shri S.B. Vakil, learned Senior Advocate appearing for the appellants and Mr. Premal Joshi, learned Assistant Government Pleader appearing for the respondents, at length and in detail, and considered the documents forming part of the petition.