CHATURBHAI ASHABHAI PARMAR Vs. MOTIBHAI JORABHAI PATEL

JUDGEMENT

(1.) The petitioner is the tenant of S. No. 1943/1-4 of Borsad in Kaira District. It admeasures A.G.O.-39. Respondent No. 1 is the landlord. The landlord obtained an exemption certificate in respect of the land in question under sec. 88C of the Bombay Tenancy and Agricultural Lands Act 1948 Thereafter the landlord terminated the tenancy of the tenant and filed a suit for possession under sec. 32T. The Mamlatdar decided that suit and made an order directing the tenant to hand over possession of half the land to the landlord. The tenant appealed against that order to the Deputy Collector Kaira by his order dated 25th April 1968 he dismissed that appeal. The tenant challenged the appellate order in a revision application which he filed before the Gujarat Revenue Tribunal. The Revenue Tribunal dismissed it on 9th April 1969.

(2.) On 16th June 1970 possession of half the land was taken from the tenant and handed over to the landlord.

(3.) Before possession of half the land was taken from the tenant in pursuance of the order of possession finally confirmed by the Revenue Tribunal the tenant made an application to the State Government in May 1970 in which he prayed that the exemption certificate granted to the landlord under sec. 88C be revoked. According to him the economic condition of the landlord had improved and his annual income had exceeded Rs. 1500.00. That application was made by the tenant to the State Government under sec. 88D. Thereafter he applied to the State Government for staying the recovery of possession of half the land from him. The State Government did not grant him the stay order and dismissed the application.