CHHOTUBHAI VALLABHBHAI Vs. PRAGJIBHAI D NAIK

JUDGEMENT

(1.) The grievance voiced by the petitioner in this petition under Art. 227 of the Constitution of India is that the Gujarat Revenue Tribunal by its order dated 29-10-1993 has committed illegality in quashing and setting aside two concurrent and consistent judgments recorded by Mamlatdar and A.L.T., Gandevi, in Tenancy Case No. 70-B-5256 of 1984 and confirmed in Tenancy Appeal No. 1 of 1990 by the Deputy Collector on 15th January 1991.

(2.) A few material facts leading to the rise of the present petition may be narrated at this juncture first. The petitioners are the heirs and legal representatives of deceased Chhotubhai Vallabhbhai. According to the case of the petitioners, deceased Chhotuabhai was a tenant under the Bombay Tenancy and Agricultural Lands Act, 1948 ('the Tenancy Act' for short) in respect of agricultural lands bearing survey No. 377 admeasuring 30 gunthas originally belonging to Pragjibhai Dahyabhai Naik and Dhirubhai Dahyabhai Naik. Dhirubhai Dahyabhai Naik got the disputed land in partition with effect from 4-4-1972.

(3.) Deceased Chhotubhai had submitted an application under Sec. 70(b) of the Tenancy Act for the declaration that he is a tenant in respect of the disputed land situated at Gandevi in District Valsad. This application came to be submitted on 30-12-1978. Upon the appreciation of the facts and circumstances the Mamlatdar and A.L.T., Gandevi, rejected the said application by his order dated 20th April 1983 holding that there were no tenancy rights. The matter was carried in an appeal before the Collector by deceased Chhotubhai. The appeal came to be allowed by the Deputy Collector and the Deputy Collector directed that the matter be remanded for a fresh inquiry after giving an opportunity of leading the evidence to the parties.