VINUBHAI HARIBHAI MODI Vs. BABUBEN WD/O GOPALBHAI

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) Short facts leading to the present dispute are that the petitioner had purchased 21 Gunthas of land of Survey No.312 from one Gopalbhai Bhagabhai (since deceased) for a sum of Rs.13,000/- under a registered Sale Deed dated 15th June, 1971. An entry was made in the revenue records and came to be certified on 22nd April, 1981.

(3.) After arguing the matter on merits, especially, on the ground that the petitioner as a tenant would be deemed to be an agriculturist and in view of the findings of the Mamlatdar that the petitioner was an agriculturist the sale deed could not be held to be invalid, Shri Patel submitted that the proceedings under Section 84(C) of the Act even in relation to violation of Section 63 should be taken up by the Authorities within a reasonable time, that is, within a period of three years, as held by the Supreme Court in the matter of Mohamad Kavi Mohamad Amin vs. Fatmabai Ibrahim, [1997 (6) S.C.C. 71], and as in this case, the proceedings commenced at least after 4 and years of certification of the entry, the proceedings deserve to be quashed.