PATEL RAMABHAI JOITARAM Vs. JASHVANTBHAI NARAYANBHAI VYAS

JUDGEMENT

(1.) The short facts of the case are that the petitioners are claiming tenancy right over the land in question for pursuing their application under Section 32PP of the Bombay Tenancy and Agricultural Lands Act (hereinafter referred to as "the Act"). It appears that initially there were proceedings under Section 32G of the Act and vide order dated 13.7.1961 the Agricultural Lands Tribunal and Mamlatdar, Vijapur declared that the sale was ineffective and the land was placed for disposal under Section 32P of the Act. The appeal was preferred to the Deputy Collector, Mehsana being Tenancy Appeal No.290/1963 by the petitioner and on 6.11.1965 the appeal was allowed and the matter was remanded. It appears that against the said decision of the Deputy Collector, the revision was preferred by the landlord before the Gujarat Revenue Tribunal being Revision No.TENBA-172/66 and the said revision was allowed in favour of the landlord vide order dated 27.6.1966. It appears that the tenant carried the matter before this Court by preferring Special Civil Application in the year 1966, which ultimately came to be rejected. Consequently, the sale remained as ineffective and the land was placed for disposal under Section 32P of the Act.

(2.) It appears that so far as the proceedings under Section 32P of the Act are concerned, they were registered vide No.13/1963 and as per the order dated 31.1.1964 of the Mamlatdar, Vijapur, the land in question was ordered to be given to the landlord. The petitioner-tenants did prefer revision before the Tribunal being No.TENBA-1358/64, which was dismissed for default on 27.6.1966. It appears that the application for restoration was also made subsequently by the petitioner " tenants before the Tribunal being Application No.10/66 and the said application came to be dismissed on 1.12.1966 and consequently there were no further orders for the proceedings under Section 32P of the Act. It is not in dispute that thereafter on 27.6.1968 the possession is handed by the petitioner-tenants to the landlord and the said factum of handing over of the possession is admitted.

(3.) It appears that the petitioner-tenants also made the application under Section 32PP of the Act and the said application was registered as Tenancy Case No.91 of 1966. In the said proceedings, initially as per the order dated 29.2.1968, ALT-Mamlatdar, Vijapur rejected the said application. The petitioners carried the matter in appeal before the Deputy Collector, Mehsana in the proceedings of Tenancy Appeal No.148/1968, which also came to be dismissed on 30th September, 1969. The petitioners further carried the matter before the Tribunal being Revision No.TENBA-220/1970 and vide order dated 17.2.1971, the revision was allowed and the matter was remanded to the Mamlatdar and ALT.