HIRABEN Vs. PRAGJIBHAI SHANKERBHAI

JUDGEMENT

(1.) The question of jurisdiction which I am required to decide in this revision application is: Whether the Mamlatdar has jurisdiction to decide the question of past tenancy after Gujarat Amendment Act 5 of 1973 came into force on March 8 1973 particularly when before coming into operation of the said Act the High Court had directed the Civil Court to decide the question of past tenancy following the judgment of the Supreme Court in Musamia Imam v. Rabari Govindbhai A.I.R. 1969 Supreme Court 439

(2.) A few relevant facts giving rise to the present revision application may be stated in brief.

(3.) The applicant had filed a suit being Special Civil Suit No. 12 of 1955 for recovering possession of agricultural properties houses and building sites from original defendant No. 1 on the ground that the applicant and opponent No. 2 being the full sisters were the owners and became entitled to the possession of the said properties on the remarriage of opponent No. 3 on June 19 1954 who was originally the widow of their deceased brother Bhagwanbhai Ranchhodbhai who died intestate on May 22 1946 leaving behind him the suit properties in the hands of his heir defendant No. 3 who inherited the same as widows estate. On her remarriage she lost all her rights to the properties and the applicant and opponent No. 2 became fully entitled to possession of the same as reversionary heirs of the deceased Bhagwanbhai Ranchhodbhai. It was the case of the applicant that the original deceased defendant No. 1 Paragbhai Shankerbhai in collusion with defendant No. 3 dealt with the suit properties adversely to the interests of the applicant and defendant No. 2 and got in wrongful possession of the same. In substance the said suit for possession was therefore directed against original defendant No. 1 as a trespasser.