VINODBHAI GORDHANBHAI PATEL Vs. RAMESHBHAI AMBALAL PATEL

JUDGEMENT

(1.) PRESENT writ application is against the order passed by the Gujarat Revenue Tribunal in Revision Application TEN B.A.64 of 1988 [ Patel Vinodbhai Gordhanbhai v. Ambalal Kalidas Patel and another]. By the said order, the Gujarat Revenue Tribunal confirmed the order passed by the Deputy Collector directing remand of the matter to the learned Mamlatdar for decision on merits.

(2.) THE case has a chequered history. It is alleged that somewhere in the year 1956, present respondent was unable to cultivate the land, therefore, he gave a notice to Gordhanbhai Kishorbhai Patel [since deceased] that he was to surrender the land. Parties appeared before the Mamlatdar and the Mamlatdar cum ALT by his order dated 28.6.56 allowed the application of the landlord and directed that the landlord be put in possession.

(3.) AFTER introduction of Section 32[1B] in the Bombay Tenancy and Agricultural Lands Act, 1948 the respondent made an application under Section 32[1B] before the Mamlatdar for restoration of possession. The respondent lost before the Mamlatdar, the matter ultimately went to the Gujarat Revenue Tribunal, which, in turn, while maintaining dismissal of the application observed that if law permits, the petitioner would be entitled to make an application under Section 37/39 of the Act. In view of the said observations, the respondent made an application under Section 37 read with Section 39 of the Tenancy Act, the Mamlatdar rejected the application, but the appeal was allowed by the Deputy Collector, who, in his turn, remanded the matter to the Mamlatdar for decision afresh. A revision against the said order at the instance of the present petitioner was dismissed.