KIRITKUMAR KANIYALAL Vs. KANJIBHAI KALIABHAI

JUDGEMENT

(1.) This petition is directed against the judgment and order dated March 12 1990 passed by the Gujarat Revenue Tribunal in Revision Application TEN.44/99.

(2.) The applicant-landlord was owner of land in respect of Survey No.47 admeasuring 2 Acres and 29 Gunthas and Survey No.60 admeasuring 0-Acre and 39 Gunthas situated at Gundasana Taluka Songadh District Surat. The respondent herein was tenant in respect of the said land on the appointed day i.e. on June 15 1955 The petitioner-landlord was minor at that time and as such the purchase of land was postponed. The petitioner having attained majority on September 3 1971 preferred application purporting to be under section 29 read with section 31 of the Bombay Tenancy and Agricultural Lands Act on August 14 1972 for restoration of the possession of the land in question for the purpose of personal cultivation thereof. The Mamlatdar Songadh thereupon by his order dated December 20 1972 rejected the petitioners application. However the deputy Collector on appeal by his order dated June 11 1973 set aside the Mamlatdars order and remanded the matter for fresh inquiry and decision. Thereupon the Mamlatdar Songadh after making fresh inquiry as directed came to the conclusion that the petitioner was not entitled to recover possession of the lands in question for personal cultivation and as such rejected the petitioners application.

(3.) The petitioner being aggrieved by the said judgment and order of the Mamlatdar preferred appeal before the Deputy Collector who by his judgment and order dated November 27 1978 dismissed it. Thereupon the petitioner preferred Revision Application under section 76 of the said Act before the Gujarat Revenue Tribunal. The Tribunal also dismissed the Revision Application confirming the judgments and orders passed by the Courts below. The petitioner has challenged this judgment and order of the Gujarat Revenue Tribunal in the present petition under Art.227 of the Constitution of India.