G V PRAJAPATI Vs. S V SHAH

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of India arises out of the judgment dated 16/04/1985, rendered in Revision Application No. TEN. B.A. 787 of 1984 by the Gujarat Revenue Tribunal confirming the judgments of the Courts below and holding that the petitioners are not the tenants in respect of the land in question under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short "the Bombay Tenancy Act").

(2.) It is not in dispute that the deceased Vithaldas Kuberbhai Prajapati, the predecessor-in-title of the present petitioners, was a mortgagee in possession in respect of the land bearing Survey No. 136 admeasuring 3 Acres 30 Gunthas, situated at Village Pilwai, Taluka Vijapur of Mehsana District. In 1939, a possessory mortgage was created by registered document.

(3.) The respondents filed a Civil Suit No. 53 of 197 3/06/1973 for redemption of the land that was mortgaged. The deceased Vithalbhai raised a plea that he cultivated the said land as a tenant since the time before the mortgage was created and, therefore, he was the tenant of the land in question. The learned Civil Judge, therefore, framed an issue relating to the tenancy of the land and referred the matter under Sec. 85A of the Bombay Tenancy Act to the Mamlatdar and A.L.T.