SHRINIVAS NARAYAN PIMPUTKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have challenged the validity and legality of the decision dt. May 5 1983 rendered in Revision Application No. TEN. B.S. 215 of 1982 by the Gujarat Revenue Tribunal. By the impugned decision the learned member of the Tribunal rejected the revision application of the petitioners herein and confirmed the order of the Deputy Collector Valsad dated July 5 1982 in Ceiling Case No. 12 or 1982.

(2.) The petitioner no.1 by his application under Sec. 8(2) of the Gujarat Agricultural Lands Ceiling Act 1960 [for short the Lands Ceiling Act] sought declaration that the agricultural lands transferred by him in favour of his grandson Chitranjan by way of registered document of gift dated May 5 1972 was not with a view to defeat the object of the Lands Ceiling Act. It is not in dispute that the petitioner no.1 transferred the agricultural lands at village Palgam Survey No. 36 admeasuring 3 Acres-35 Gunthas S. No. 36/1 admeasuring 4 Acres-35 Gunthas S. No. 37 admeasuring 3 Acres-08 Gunthas S. No. 38 admeasuring O Acre-32 Gunthas S. No. 41 admeasuring O-Acre 35 Gs. S.No. 42 admeasuring O-Acre 43/4 Gs. S. No. 42 admeasuring O-Acre-13 Gs. S. No. 42 admeasuring O Acre-13 Gs. S. No. 41 admeasuring 1 Acre-O G. S. No. 42 admeasuring O Acre 13 Gs. and at village Solsamba S. No. 237 admeasuring O-Acre-07 Gs. in all 15 Acres - 223/4 Gs. in favour of his grandson by the aforesaid gift deed. The matter was remanded twice by the Gujarat Revenue Tribunal for afresh inquiry for the reasons mentioned in the judgments of the Tribunal. Accordingly the Deputy Collector Valsad after fresh inquiry by his judgment and order dt. July 25 1982 rejected the application of the petitioners under Sec. 8(2) of the Lands Ceiling Act. The petitioners being aggrieved by the said judgment and order of the Learned Deputy Collector Valsad preferred aforesaid revision application under Sec. 38 of the Lands Ceiling Act before the Gujarat Revenue Tribunal. The Tribunal also rejected the revision application confirming the order of the Deputy Collector as aforesaid.

(3.) Mr. S.H. Sanjanwala learned advocate for the petitioners contended that the decision of the learned Deputy Collector and that of the Tribunal confirming it are vitiated as there is an error apparent on the face of the record in construing provisions of Sec. 8 of the Lands Ceiling Act. Mr. Sanjanwala submitted that by virtue of provision of Sec. 7 there was no restriction for the petitioners to transfer any land as the provision of Sec. 7 did not apply to the petitioners who held lands not exceeding ceiling area. It is no in dispute that the petitioners held lands to the extent of 15 Acres-22 Gs. as mentioned in his application under Sec. 8(2) of the Lands Ceiling Act. The ceiling area prescribed for holding the lands is 39 Acres. It is therefore evident that the petitioner no.1 possessed lands less than the ceiling area being 39 Acres. The learned Deputy Collector relied upon the Will executed by the petitioner no.1 on June 24 1967 contending inter alia that he would transfer lands in question to his grandson Chitranjan on his attaining age of majority and in case he (petitioner No.1) is no more at that time the Will would operate Therefore the Will was not the basis of the transfer of the lands in question When the Will was admittedly executed in the year 1967 there was no question of defeating object of the Lands Ceiling Act. It was not necessary to refer the Will and the registered gift deed dt. 5 as observed by the learned Deputy Collector. The Deputy Collector held that the Will appeared to have been concocted lateron with a view to get rid of the provisions of the Lands Ceiling Act.