BALVANTBHAI LALLUBHAI BRAHMBHATT Vs. HATILAL LALDAS BAROT

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the decision dated June 7, 1985 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN.B.A.2030/82 quashing the decision of the Deputy Collector, Nadiad, dated October 30, 1982, in Tenancy Appeal No.118/82 and restoring the decision of the Mamlatdar and A.L.T. dated July 20,1982 in Tenancy Case No. 1/81.

(2.) The original petitioner claimed to be a lawful tenant in respect of the lands-survey No.775/1 and 775/7, admeasuring OA-18 Gunthas and OA-13 Gunthas respectively, situated in village Anara, Taluka Kapadwanj and sought to be put in possession of the said land by filing application under section 32(1B) of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short "the Bombay Tenancy Act") before the Mamlatdar and A.L.T., Kapadwanj. According to the petitioners, who are the heirs and legal representatives of the original petitioner-deceased Balwantbhai Lallubhai, the deceased Balwanthai Lallubhai was cultivating the land on June 15, 1955 and prior thereto. One Jiviben, daughter of Ganpatbhai was the original owner of the said land. The tenancy proceedings in respect of the said land were initiated in the year 1961 under section 32G of the Bombay Tenancy Act. However, the said proceedings were postponed as the landlady was a widow. According to the petitioners, they were dispossessed of the land in question somewhere in 1971-72. On the specified date, i.e. on March 3, 1973, Jiviben was in possession of the land in question. The respondent herein, however, appears to have obtained the possession of the land in the year 1975, as per the record of rights. He got the possession of the land after the death of Jiviben. Tiviben had no direct heirs. The present petitioners, therefore, invoked the jurisdiction of the Mamlatdar and A.L.T. under section 32 (1B) of the Bombay Tenancy Act, as aforesaid. In the suo motu inquiry, Mamlatdar, Kapadvanj, decided on September 26, 1979 in Tenancy Case No. 14/78, that the deceased Balwantbhai was the tenant of the suit land.

(3.) The respondents herein had preferred an appeal No. 16/80 against the aforesaid judgment of the Mamlatdar holding the deceased Balwantbhai as the tenant of the suit land. The Deputy Collector, by his judgment dated February 20, 1981, allowed the said appeal and remanded the case for fresh inquiry. On remand, the case was renumbered as Tenancy Case No. 1/81. The learned Mamlatdar, by his judgment dated July 10, 1982, held that the first respondent cultivated the land on the specified date (3-3- 1973) and Jiviben was not in possession nor she cultivated the land before 3-3-1973. The Mamlatdar, therefore, held that the deceased Balwantbhai was not entitled to get the possession of the land under section 32(1B) of the Bombay Tenancy Act.