KIKABHAI MAKANBHAI PATEL Vs. KOHYABHAI BHAGWANBHAI CHHOVALA

JUDGEMENT

(1.) This petition arises from the proceedings under Section 70-B of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as, Sthe Act ). The petitioner herein claims that he was a tenant in the land Block No.181 situated at village Rola, taluka Valsad. His application made under Section 70-B of the Act for a declaration that he was a tenant was accepted by the Mamlatdar by order made on 24th April, 1995. Feeling aggrieved, the respondents-owners filed Tenancy Appeal No.7/1996 which came to be allowed by the Deputy Collector by order dated 25th March, 1996. According to the Deputy Collector, the land Block No.181 was confiscated to the State Government for breach of conditions of grant. Thereafter, a re-grant was made in the year 1984 in favour of the respondents. The Deputy Collector was, therefore, pleased to hold that as the re-grant was made as late as in the year 1984, the claim of the petitioner of his possession for the past 17 years was not acceptable. The Appeal was accordingly allowed on 23rd December, 1996. The said order has been upheld by the Gujarat Revenue Tribunal on 10th April, 1997 in Revision Application No.11/1997. Therefore, the present petition.

(2.) The Deputy Collector has solely relied upon the fact that the re-grant of the land was made to the respondents in the year 1984 under Revenue Entry No.2040 dated 30th March, 1985. As the land was unalienable and impartible, the landlord could not have inducted a tenant.

(3.) It is apparent that the Deputy Collector has decided the appeal before him on a mere presumption without ascertaining the facts as to the cultivation by the tenant. Such a presumption is not supported by evidence on record. It was the duty of the Deputy Collector to verify and find out the facts and to record the findings of fact. This having not been done, the dispute deserves to be remanded to the Deputy Collector for appropriate adjudication.