KOLI JERAM VASRAM Vs. JADEJA SHIVUBHA DIPSINHJI

JUDGEMENT

(1.) In this petition under Art. 227 of the Constitution of India, the challenge is against an order passed by the Gujarat Revenue Tribunal (Tribunal) on 21-1-1976 in revision application.

(2.) The petitioners are the tenants in respect of agricultural lands situated in the sim of village Jhebachada of Taluka and District Rajkot of one deceased Jadeja Rambha Bhupatsinh and respondents are the heirs and legal representatives of the deceased landlord Rambha. The respondents are the Girasdars as defined in Sec. 2(15) of the Saurashtra Land Reforms Act, 1951 (S.L.R. Act) which came into force with effect from September 1, 1951. For the brevity and convenience, the petitioners shall be hereinafter referred to as the tenants and the respondents shall be hereinafter referred to as the Girasdars. The Girasdars had filed an application under Sec. 23 of the S.L.R. Act for getting Gharkhed lands from the tenants before the Mamlatdar at Rajkot.

(3.) After holding an enquiry, the Mamlatdar, by his order dt. 29-3-1974, passed an order granting lands to the Girasdars from the holdings of the tenants under Sec. 23. In appeal against the order of the Mamlatdar, by the Deputy Collector, Rajkot, the order of Mamlatdar was quashed and appeal was allowed. With the result, the Girasdars were found not entitled to any land from the tenants. The appeal was decided on 9-4-1975. Against the order in an Appeal decided by Deputy Collector, a revision was filed under Sec. 52 of the S.L.R. Act by the Girasdars before the Tribunal. The Tribunal was pleased to partly allow the revision on 21-1-1976 and directed Deputy Collector, Rajkot for taking appropriate steps in light of the observations made in the impugned decision of the Tribunal. The review petition was filed by the tenants before the Tribunal which also came to be dismissed on 8-7-1977. Being aggrieved by the said decision of the Tribunal, the tenants have come up before this Court in this petition under Art. 227 of the Constitution of India.