AJAYABSINGH GYANSINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two petitions are preferred by the purchasers of the disputed lands against the common judgment and order dated 17th December, 1991 passed by the Gujarat Revenue Tribunal [hereinafter referred to as "the Tribunal"] in Revision Applications No. TEN. B. A. 931 of 1983 and 936 of 1983.

(2.) THE petitioners claim to be the agriculturists having lands at Village Vastana, Sokhda and Bherai of Taluka Matar. The petitioners purchased the disputed lands Block Nos. 52 and 38 of Village Lilapur, Taluka Dascroi from one Thakor Udaji Punaji, the respondent No. 2 in Special Civil Application No. 4944 of 1992; and the disputed land Block No. 51 of Village Lilapur, Taluka Dascroi from one Badarji Varuji Thakor, the respondent No. 2 in Special Civil Application No. 4961 of 1992.

(3.) IT appears that both set of disputed lands were new tenure lands in the hands of the vendors Udaji Punaji Thakor and Badarji Varuji Thakor. Both the vendors applied to the Prant Officer, Viramgam under Section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948 [hereinafter referred to as "the Act"] for permission to sell the lands. The Prant Officer, by his order dated 17th January 1982 and 21st January 1982, granted such permission to the vendors Udaji Punaji and Badarji Varuji respectively on terms and conditions mentioned in the respective order including the condition to pay premium as assessed by the Prant Officer. Pursuant to the said permissions granted by the Prant Officer, the disputed lands were sold to the petitioners herein by registered sale deeds executed on 27th January, 1982.