PATEL HASMUKHBHAI JASHBHAI Vs. JOSHI SHIVRAM LCHHIRAM

JUDGEMENT

(1.) Both the petitions being interconnected with each other in respect of the same subject land arising out of the common order passed by the Gujarat Revenue Tribunal (hereinafter referred to as 'the G.R.T.' for short), the same were heard together and are being decided by this common judgment.

(2.) The Special Civil Application No. 4934 of 1992 is directed against the common order dated 30-10-1991 passed by the Gujarat Revenue Tribunal in Revision Application being No. TEN. B.A. 74 of 1985. The Special Civil Application No. 4937 of 1992 is directed against the same order passed in Revision Application being No. TEN. B.A. 75 of 1985 filed by the respondent-Shivrambhai before the Tribunal.

(3.) The short facts giving rise to these petitions are that the Mamlatdar and A.L.T., Deesa had initiated the proceedings under Sec. 32-0 read with Sec. 84C of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Tenancy Act'), pursuant to the order passed by the Collector, in the R.T.S. Appeal filed by the respondent-Shivrambhai objecting against mutation of the name of the petitioner-Hasmukhbhai in respect of the subject land bearing Survey No. 182/1 admeasuring 4 acres and 19 gunthas situated at village Kumbhariya, Taluka Danta, District Banaskantha. In the said proceedings, the Mamlatdar and A.L.T. vide the order dated 3-9-1983 held inter alia that the respondent-Shivrambhai was not the tenant in respect of the said land and that the sale made in favour of the petitioner-Hasmukhbhai by the respondent-Chandrakantbhai was not in violation of provisions of the Tenancy Act. Being aggrieved by the said order, the respondent-Shivrambhai preferred an appeal being No. 25 of 1983 before the Deputy Collector, who vide the order dated 20-10-1984 dismissed the same. The respondent-Shivrambhai preferred Revision Petition being f TEN B.A. 74 of 1985 before the G.R.T. It is pertinent to note that said respondent-Shivrambhai had also filed an application under Sec. 70 of the Tenancy Act before the Mamlatdar, Danta, seeking declaration t he was the tenant in respect of the subject land. The said case was register as the Tenancy Case No. 70-B/737 of 1981. The Mamlatdar, Danta vide the order dated 26-3-1984 allowed the said application and held inter a that the said respondent-Shivrambhai was the tenant in respect of the subject land. The petitioner-Hasmukhbhai being aggrieved by the said order filed the Tenancy Appeal being No. 24 of 1984 before the Deputy Collector claiming to be the owner of the land in question by virtue of the sale-deed executed by the respondent-Chandrakant in his favour on 16-5-1980. The said appeal came to be allowed by the Deputy Collector vide the order date 20-10-1984, whereby the Deputy Collector set aside the order passed the Mamlatdar, Danta. The aggrieved respondent-Shivrambhai preferred Revision Application being No. TEN B. A. 75 of 1985 before the G.R. The G.R.T. vide the impugned common order dated 30-10-1991 allowed be the Revision Applications filed by the respondent-Shivrambhai. Therefore the present petitions have been filed by the petitioner-Hasmukhbhai.