LAWS(GJH)-2014-5-34

SIKANDARKHA AHMEDKHAN PATHAN Vs. SARDAR PATEL UNIVERSITY

Decided On May 01, 2014
Sikandarkha Ahmedkhan Pathan Appellant
V/S
SARDAR PATEL UNIVERSITY Respondents

JUDGEMENT

(1.) SPECIAL Civil Application Nos.18106 of 2011 and 17409 of 2011 are filed by the legal heirs of the tenant, late Shri Ahmedkhan Pathan, who was cultivating land bearing Survey No.2095, admeasuring 3 acre and 6 gunthas situated in the sim of village Bakrol, Taluka and District: Anand, since 195051.

(2.) IN view of the above, the case of the petitioners is that interest of the landlord or any other person claimed through the landlord got extinguished and relationship between the tenant and the State Government came into existence.

(3.) IN the context of the aforesaid facts, Special Civil Application No.18106 of 2011 arises out of rejection of application Exh.134 filed by the present petitioners, defendants therein, by the learned Civil Judge (S.D.), Anand, vide order dated 8.9.2011, in Special Civil Suit No.69 of 1994, to refer the dispute about 'tenancy' raised by the defendants to Mamlatdar in view of sections 85 and 85A of the Tenancy Act.