HARISINH JAYSINH BARAD Vs. CHHAGANBHAI SHIVABHAI PATEL

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of India has been directed against the decision dated 14/11/1984 passed by the Gujarat Revenue Tribunal in Revision Application No. TEN. B. A. 223 of 1983 dismissing the revision application of the petitioner herein. By the impugned judgment, the Tribunal confirmed the judgments of the Courts below holding that the respondents were entitled to purchase the land in question under Sec. 32PP of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short, "the Tenancy Act").

(2.) The respondents herein, by their application dated 18/10/1978, requested the Mamlatdar and Agricultural Lands Tribunal, Hansot, for a declaration that the purchase in respect of the agricultural land bearing Survey No. 116/4 admeasuring A 1-24 Gunthas had not become ineffective under Sec. 32PP of the Tenancy Act. The respondents contended that the father of the respondents, Shivabhai Rambhai, was cultivating the said land as a tenant thereof and he had died before about eight years since the date of the application. In an inquiry under Sec. 32G of the Tenancy Act, the Mamlatdar and A.L.T. held that after service of the notice to the party concerned, the matter was fixed on 28-9-1976, 7-10-1976 2-12-1976 and 9-12-1976. However, either party did not remain present. The tenant had died and his heirs or legal representatives did not remain present. The Mamlatdar, therefore, declared that the tenant was not willing to purchase the land and that the purchase was ineffective under Sec. 32G(3) of the Tenancy Act. The said order declaring the purchase of the land to be ineffective was passed by the Mamlatdar on 15/10/1976. Mamlatdar and A.L.T., Ankaleshwar, by his judgment dated 21/05/1982, held, as a result of the aforesaid application of the respondents, dated 18/10/1978, that the respondents were entitled to be tenants under Sec. 32 of the Tenancy Act in respect of the land in question and the tenants were dispossessed from the land without due process of law and as such the respondents were entitled to be resorted to the said land. It was, therefore, ordered to hand over the possession of the land to the respondents and to fix the purchase price thereafter.

(3.) The petitioner, being aggrieved by the aforesaid judgment and order of the A.L.T., preferred Tenancy Appeal No. 43 of 1982 before the Assistant Collector, Bharuch. The Assistant Collector, Bharuch, by his judgment dated 8/11/1982, dismissed the said appeal. The petitioner thereupon approached the Gujarat Revenue Tribunal by way of aforesaid revision application under Sec. 76 of the Tenancy Act. The Tribunal held that the deceased father of the respondent-tenants was in possession of the land as a tenant during the years from 1951-52 to 1954-55 and thereafter the deceased tenant was not dispossessed of the land In accordance with the law and as such the respondents were entitled to the benefit under Sec. 32PP of the Act. The Tribunal thus dismissed the revision application confirming the judgments of the Courts below. It is against this judgment that the petitioner has approached this Court by the present petition.