MANEKSHA BERAMSHA Vs. MOCHIBHAI PUNIYABHAI KHODO

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the decision dated 17/03/1982 rendered in Revision Application No. TEN B. A. 76/80 by the Gujarat Revenue Tribunal. By the impugned decision the Tribunal confirmed the concurrent findings and decisions of the Mamlatdar and A.L.T. Umergaon in Tenancy Case No. 3042/77 and that of appellate authority i.e. Deputy Collector Valsad in Tenancy Appeal No. 126/78 holding that the respondent being the lawful tenant in respect of the land in question was entitled to get possession of the land which shall be restored to him.

(2.) The petitioner herein also filed review application being Revision Application No. TEN C. S. 3/82 before the Tribunal who by its judgment order dated 30/12/1982 dismissed the review application confirming the order passed in the said Revision Application No. 76/80.

(3.) A few relevant facts leading to the present petition may be noticed. The respondent was the tenant in respect of the land Survey No. 119/1/2/1 admeasuring O-A 13 Gunthas paiki situated at village Nagvasha Taluka Umergaon District Valsad. In the suo motu inquiry initiated by the Mamlatdar under Section 32(1B) of the Bombay Tenancy and Agricultural Lands Act 1948 (for short the Bombay Tenancy Act) it was found that the name of the respondent was shown as a tenant in the revenue records on the appointed day i.e. 15/06/1955 Therefore Mamlatdar by the order dated 5/01/1978 in Tenancy Case No. 3042 declared the respondent as a tenant of the land in question and further ordered to put him in possession thereof as the respondent-tenant was dispossessed of the land without due process of law. Feeling dissatisfied the petitioner herein preferred Tenancy Appeal No. 126 before the Deputy Collector Valsad who by his order dated 25/09/1979 dismissed it and confirmed the aforesaid order of the Mamlatdar. The petitioner herein being aggrieved by the said decision of the appellate authority approached the Gujarat Revenue Tribunal by way of aforesaid revision application under Section 78 of the Bombay Tenancy Act. The Tribunal also dismissed the revision application and confirmed the findings and decisions of the Courts below as aforesaid.