PATEL GORDHANBHAI VAGHJIBHAI Vs. VAGHRI RANCHHODBHAI SAMTABHAI DECD

JUDGEMENT

(1.) This petition raises the question of interpretation of the proviso to sec. 43C inserted in the Bombay Tenancy and Agricultural Lands Act 1948 by Amending Act 13 of 1956 and its effect upon the jurisdiction of the Civil Court in which the petitioners and their deceased brother Ambalal had filed a suit for a decree for eviction against their tenant the original respondent No. 1. The petition came up for hearing before Divan J. on February 24 1964 who feeling that there was a conflict between two decisions of this Court one an unreported decision in Special Civil Application No. 105 of 1960 decided by S. T. Desai C. J. and Raju J. on January 19 1961 and the other in Kalicharan v. Mahalaxmi 4 G. L. R. 145 referred the case to a larger Bench. That is how this matter has come up before us.

(2.) Pending the hearing of this petition the original respondent No. 1 died and respondents 1A to 1G were brought on record as his heirs and legal representatives.

(3.) Before we proceed to consider the question arising in this petition it is necessary to state a few facts.