CHANDRASINH KHUMANSINH BAKROLA Vs. IBRAHIM SULEMAN NAROT

JUDGEMENT

(1.) We have heard Mr.Dipen Desai, learned counsel appearing for the appellants, Mr.K.M.Antani, learned Assistant Government Pleader for the State respondent and Mr.S.P.Majmudar, learned counsel assisted by Mr.Meet Kakadia, learned counsel appearing for the private respondents.

(2.) This intra-court appeal is directed against the judgment and order dtd. 3/8/2021 passed by the learned Single Judge in allowing the writ petition, setting aside the order dtd. 12/6/2006 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN.B.S. 88 of 1991, consequently restoring the order dtd. 30/11/1990 passed by the Deputy Collector (Land Reforms), Surat. The appellant No.2 herein claims to be the tenant of the land in question namely land bearing Revenue Survey No.591/7 admeasuring 1-Acre 7-Gunthas, situated in village Kosad, Taluka Choryasi, District Surat, which was initially recorded in the name of Bai Fatima widow of Yusuf Ibrahim Ghanchia, on the basis of a declaration dtd. 18/11/1974 under Sec. 32(G) and 32(O) of the Bombay Tenancy and Agricultural Lands Act, 1948 (in short referred to as "the Act 1948").

(3.) The brief facts of the case relevant to note at this juncture are that in the Tenancy Case No.1580 of 1974, the application preferred by the appellants herein - respondent Nos.4 and 5 in the writ petition, the original petitioners were not impleaded as parties. The declaration dtd. 18/11/1974 by Mamlatdar and ALT was against Bai Fatima, declaring respondent No.4 - appellant No.2 herein as a tenant in respect of the land in question. The writ petitioners claiming themselves to be owners of 1/3 rd share in Survey No.591/7 preferred an appeal before the Deputy Collector (Land Reforms), Surat in Tenancy Appeal No.144 of 1990.