SONMABHAI GIRDHARBHAI Vs. JESANGHBHAI KALIDAS

JUDGEMENT

(1.) Considering the revisional powers that can be exercised on the aforesaid grounds only, I am of the opinion that the Tribunal should not have disturbed the concurrent findings recorded by both the Courts below. The Tribunal has not recorded his findings about the compromise said to have been entered into between the parties on April 27, 1957 as legal or binding. The Tribunal has concluded that the possession of the land was handed over under Section 29 of the said Act to the respondent-landlord, and this finding appears to be without any basis. The Mamlatdar and A.L.T., having minutely perused the relevant revenue records, came to the conclusion that the deceased Somabhai had been cultivating the aforesaid lands till 1958-59 and the relevant entries were mutated accordingly in favour of the deceased Somabhai in revenue records. Thereafter, by Entry No. 673 dated April 30,1959, the endorsement is made to hand over the possession of the land to the respondent as per the compromise. The Mamlatdar and A.L.T. has clearly recorded his finding that there is no evidence whatsoever that the possession was to be handed over to the respondent-landlord in accordance with Sections 29 and 31 of the said Act. The Mamlatdar and the Appellate Authority did not consider the said compromise to be legal and the Tribunal has not given any finding with regard thereto, nor has assigned any reason for disturbing the said finding. Under the circumstances, I am of the opinion that the Gujarat Revenue Tribunal should not have disturbed the concurrent findings recorded by both the Courts below, inasmuch as there is nothing on the record to show that the possession was handed over to the respondent-landlord under Section 29 of the said Act.