LAWS(GJH)-2016-3-322

DALUBHAI NARAYANBHAI AHIR Vs. SOMABHAI BHAGABHAI HALPATI

Decided On March 31, 2016
Dalubhai Narayanbhai Ahir Appellant
V/S
Somabhai Bhagabhai Halpati Respondents

JUDGEMENT

(1.) The challenge in the present petition is directed against judgment and order dated 26th March, 1997 of Gujarat Revenue Tribunal in Revision Application No.TEN-BS-45/1992 which was preferred by the present petitioners. The Tribunal dismissed the Revision, consequentially confirmed order dated 18th February, 1991 of Mamlatdar & Agricultural Lands Tribunal (ALT), Chikhli in Tenancy Case No.32(1B) as well as the order dated 24th February, 1992 of Deputy Collector in Tenancy Appeal No.30 of 1991 arising therefrom.

(2.) The controversy pertains to the rights claimed by the petitioners, refuted and counterclaimed by the private respondents herein under the Bombay Tenancy and Agricultural Lands Act, 1948 in respect of land bearing Block No.119, Survey No.80/1- 2-3 admeasuring 61 Are and 71 Sq. Meters at Village Vanjana, Taluka Chikhli, District Valsad. The case has a chequered history.

(3.) Tracing the attendant facts from the record of the petition, the impugned order is the end-result of the third round of litigation in the same subject matter. The background litigation may be referred to and summarized with relevance as under.