LAJJASHANKER KESHAVJI JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner filed an application under section 8 of the Gujarat Agricultural Lands Ceiling Act 1960 hereinafter referred to as the Agricultural Lands Ceiling Act before the Collector for a declaration that the transfer or partition effected by him prior to the specified date was not made in anticipation in order to defeat the object of the Act. After considering. the said application en merits the Collector granted the prayer of the petitioner by his judgment and order dated 19/09/1977. Against the said judgement and order passed by the Deputy Collector Land Reforms. District Junagadh in Land Ceiling Section 8 Case No. 28/77 the State of Gujarat agreement Revision Application No. TEN B.R. 61/78 before the Gujarat Revenue Tribunal under section 38 of the Agricultural Lands Ceiling Act. In that revision application a contention was raised on behalf of the State that as the possession of the land was delivered merely by an agreement to sell therefore the said agreement to sell cannot be held to be a transfer and hence section 8 of the Agricultural Lands Ceiling Act would not be applicable. The Gujarat Revenue Tribunal held that by agreement to sell no right title and interest in the property would be conferred on the purchasers and therefore proceedings under section 8 of the Act were not maintainable. The Gujarat Revenue Tribunal therefore by his judgment and order dated 12/07/1979 set aside the order passed by the Collector.

(2.) Being aggrieved and dissatisfied by the said judgment and order the petitioner has filed this Special Civil Application under Article 227 of the Constitution of India. In this petition the learned counsel for the petitioner has raised the following contentions:-

(3.) The next question which will require determination is whether transfer as contemplated under section 8(1) would include an agreement to sell with possession of the land. For interpreting whether section 8 would include transfer by agreement to sell it would be necessary to refer to relevant provisions of the Agricultural Lands Ceiling Act. Section 8 reads as under: