SAVITABEN JAMABHAI GOHIL Vs. KANTILAL AMBALAL PATEL

JUDGEMENT

(1.) The only question to be considered in the present proceeding is whether the Tribunal could reappreciate the entire evidence on record and arrive at a finding other than recorded by the lower authority or not.

(2.) The short facts of the case are that one Jamabhai Somabhai Gohil (hereinafter referred as 'the alleged tenant') filed an application under Section 70(b) of the Gujarat Bombay Tenancy & Agriculture Lands Act ( hereinafter referred to as 'the Act') for declaring him as the tenant. The aforesaid application came to be filed on 6.6.1969. The Mamlatdar & ALT examined the matter and found that the alleged tenant was cultivating the land on the relevant date and, therefore, entitled to purchase the land. The matter was carried in appeal by the respondent No.1 herein before the Dy.Collector under Section 74 of the Act. The Dy.Collector after reappreciation of the evidence recorded the findings of fact and concurred with the ultimate decision taken by the Mamlatdar & ALT and dismissed the appeal. The matter was carried in revision before the Gujarat Revenue Tribunal and the Tribunal upon reappreciation of the evidence found that the findings of fact by both the authorities were without proper application of mind and ultimately allowed the revision and set aside the order. Under the circumstances, present petition before this Court.

(3.) I have heard Mr.Munshi for the petitioner and Mr.Shah for the respondent No.1 and Mr.Patel for the respondent No.2.