BHIKHABHAI TRIKAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner ­ revision applicant in TEN.B.A.227/95 from Gujarat Revenue Tribunal has approached this Court by way of this petition preferred under Article 227 of the Constitution of India with following prayers:-

(2.) THE facts in brief leading to filing this petition as could be culled out from memo as well as the orders impugned deserve to be set out as under in order to appreciate the controversy.

(3.) THE entire order passed by the Tribunal contain reasons with regard to the findings recorded on surplus land. Learned advocate for the petitioner contended that the divorce pleaded on part of the petitioner with his wife was customary divorce and that divorce has been acknowledge and recognized even by the Court. Therefore the factom of divorce which is recorded in the revenue record, though after four years period, could not have been brushed aside by the authorities and therefore keeping that position in mind the divorced wife's holding could not have been added into holding of the petitioner so as to come to a conclusion that petitioner was holding surplus land. It is pertinent to note that during pendency of petition Jasodaben who had joined as respondent no.2 in the petition had passed away and therefore Rekhaben who is daughter of Bikhabhai was brought on record as heir of Jasodaben. Learned advocate appearing for the petitioner thereafter contended that Dy. Collector as well as the Tribunal failed in appreciating this fact, therefore, the order impugned is required to be quashed and set aside.