THAKORE LILAJI KESAJI Vs. VALLABHADAS P PARIKH

JUDGEMENT

(1.) The Tenancy Versus Employment is the central theme and heart of this petition under Art. 227 of the Constitution of India involving applicability and interpretation of provisions of Secs. 2(18), 4 and 70(b) of the Bombay Tenancy and Agricultural Lands Act, 1948 ('Bombay Tenancy Act' for short). Whether the petitioners are the tenants or the servants in respect of three agricultural properties bearing Survey Nos. 3911/1, 3911/2 and 3909 situated in the sim of village Vadnagar, Taluka Kheralu, District Mehsana belonging to the respondent ('disputed lands' for short), is the sole but substantial issue which has come up for consideration and adjudication in the petition in the light of the aforesaid provisions of Bombay Tenancy Act.

(2.) With a view to appreciate the merits of this petition, a few material facts tracing shortly the long history of litigation which is pending in the high and long legal conduit pipe since more than two decades obviously would require narration.

(3.) The petitioners by invoking the aids of the provisions of Sec. 70(b) of the Bombay Tenancy Act, claiming tenancy rights in respect of the disputed lands submitted an application before the Mamlatdar and ALT, Kheralu on 27-2-1974 who by his order dated 13-12-1978 dismissed the application holding them to be the servants and not tenants. On an appeal against that order of the Mamlatdar preferred by the petitioners before the Deputy Collector (land reforms), Mehsana being tenancy appeal No. 223 of 1979, the appellate authority dismissed the appeal confirming the finding of the Mamlatdar. Being dissatisfied by the appellant authority's order, the petitioners carried the matter in the Revision under Sec. 76 of the Bombay Tenancy Act before the Gujarat Revenue Tribunal (GRT for short). The revision came to be allowed by an order dated 8-1-1979 whereby the CRT remanded the matter to the Mamlatdar keeping the question of tenancy open.