AJABHAI LAXMANBHAI CHAVADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Shri J.R. Nanavati, learned senior counsel with Mr.S.K. Patel, learned counsel for the petitioner and Mr.L.R. Pujari, learned Assistant Government Pleader for the respondents State.

(2.) The parties are heard.

(3.) Somewhere in the year 1976, proceedings under Agricultural Lands (Ceiling) Act were initiated against the petitioner by the Mamlatdar, Sami. He made a final order on 25/4/1977 declaring that the petitioner was possessed of some excess land. An appeal was filed against the said order, the matter went to the Tribunal, there were some remands or suo-motu review, review, remand and so on, finally the Gujarat Revenue Tribunal remanded the matter to the Mamlatdar-cum-Agricultural Lands Tribunal to look into the defence of the petitioner that there was a customary divorce between the petitioner and his wife and in lieu of the maintenance, certain agricultural lands were given to the wife and the daughter. The Tribunal allowed the parties to lead the evidence. The parties accordingly led the evidence. The Tribunal held that there was a customary divorce and in view of the said divorce, the land belonging to Smt.Laxmiben could not be clubbed with the land possessed by the petitioner. The matter was taken in suo-motu revision by the Deputy Collector, after hearing the petitioner, he observed that if a document of divorce was executed between the parties, oral evidence could not be looked into and the burden was upon the petitioner to produce the original document. The petitioner, took up the matter before the Gujarat Revenue Tribunal, but having failed before the said authority, is before this Court.