CHHOTABHAI H PARMAR Vs. MAHENDRABHAI Q PATEL

JUDGEMENT

(1.) The petitioner filed this Special Civil Application before this Court challenging thereunder the order of the Gujarat Revenue Tribunal in Revision Application No. TEN. B.A. 429 of 1979 decided on 27th September, 1979 and the order of the Tribunal in Review Application No. TEN. C.A. 52 of 1979 dated 20th June, 1980 in the matter of the application filed by him under the provisions of S.32(1)B of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Act, 1948).

(2.) The land in dispute comprises in the survey No. 865/1-A admeasuring 1 acre and 21 gunthas. The original landlord of this land was one Lakhabhai Ranchhodbhai 429 of 1979 decided on 27-9-1979 and the order of Tribunal in Review Application No. TEN. C.A. 52 of 1979 dated 20-6-1980. who gifted this land to the respondent by gift deed dated 9-7-1956. The petitioner was the tenant of this land. The petitioner has come up with a case that the respondent herein evicted him from the land in question otherwise than under the provisions of the Act, 1948. The petitioner filed an application for the restoration of the possession of the land under S.32(1)B of the Act, 1948 before the Mamlatdar, Nadiad which was registered as Tenancy Case No. 32(1)B Davda/5/76. This application was dismissed by Mamlatdar under its order dated 20th June, 1977. The petitioner filed an appeal being Tenancy Appeal No. 324 of 1977 against the aforesaid order before Dy. Collector, Nadiad. The appeal was dismissed by the appellate authority. The petitioner then filed the revision application No. TEN. B.A. 429 of 1979 before the Gujarat Revenue Tribunal against the order of the appellate authority and the same has been dismissed under the order dated 27th September, 1979. The review application has also been filed, but that has been dismissed on 20th June, 1980. Hence, this petition.

(3.) The learned Counsel for the petitioner contended that all the three authorities have committed serious illegality in not restoring the possession of the land in question to the petitioner. He was entitled for the restoration of possession of the land under S.32(1)B of the Act, 1948 as admittedly he was in possession on 15- 6-1955 and he was not dispossessed by the landlord at any time before the specified date. The respondent has dispossessed the petitioner after the gift deed has been made of this land in his favour by the landlord which is of no consequences.