DARSHA C. PARDIWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner filed this petition under Art. 227 of the Constitution of India and challenge is made herein to the order dated 15-10-80 of the Gujarat Revenue Tribunal made in Revision Application No. Ten. B.S. 219/79.

(2.) The facts giving rise to the present petition, in brief, are as under:

(3.) The learned counsel for the petitioner challenging the order of the Tribunal made two fold submissions. Firstly it is contended that the day on which the petitioner agreed to sale the land in dispute he was not in possession of the land in excess of the ceiling limit and as such, both the authorities below have committed serious illegality in holding that the sale has been effected with the purpose and object to defeat the provisions of the Act 1960 as amended by the Act 1974. In support of this contention, the learned counsel for the petitioner placed reliance on decision of this Court in Special Civil Application No. 631 of 1981 decided on 1-8-91. It has next been contended that the Tribunal has committed a serious error of jurisdiction in holding that the petitioner has tailed to discharge legal fiction as created u/S. 8 of the Act 1960.