(1.) As both the matters are inter-connected and common question arises in both the matters, they are considered by this common judgement.
(2.) Respondent No.2 was holding various lands at Village Gamph and since the holding was exceeding the ceiling limit as provided under the Gujarat Agricultural Lands Ceiling Act (hereinafter referred to as ?the Act?), Ceiling Cases were registered and ultimately vide order dated 25.5.1990, following lands were declared as excess land of Respondent No.2: <FRM>JUDGEMENT_16_TLGJ0_2007Html1.htm</FRM>
(3.) It appears that thereafter the petitioner of Special Civil Application No.10156 of 1996 purchased the land admeasuring 2 acres 60 gunthas of Survey No.105 (Old Survey No.106) at Village Gamph from Respondent No.2 by registered sale deed and as per the petitioner, the said land was not declared as excess land and was permitted as retainable land for self-cultivation for Respondent No.2. The petitioner of SCA No.10157 of 1996 purchased another land admeasuring 5 acres and 59 gunthas bearing Survey No.100 (Old No.101) of Village Gamph and as per the petitioner, the said land was also not declared as excess land and was permitted for personal cultivation of Respondent No.2.