UDESINH CHHOTUSINH THAKOR Vs. KARANBHAI JAGABHAI

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) PETITIONER no.1 Smt. Laxmiben Gumansing Thakor, aged woman of 72 years succeeded the land of block no. 215 situated at Kachi gam. Since after her marriage, she was residing at village Segva. The petitioner no. 1 entered into an agreement to sell the said land to the petitioner no. 2 and his brother in June, 1986 and handed over possession of the land in question. The petitioner no.1 thereafter executed sale deed in favour of the petitioner no. 2 and his brother somewhere in June,1991. Respondents made an application on 9.10.89 under Section 70[b] of the Bombay Tenancy and Agricultural Lands Act, 1948. The Mamlatdar, Valsad, vide his order dated 27.5.91 dismissed the application, but Appeal No.47/91 filed at the instance of the respondent was allowed by the Deputy Collector vide his order dated 30.10.92 and the matter was remanded back to the Mamlatdar with a direction to decide the issues suggested by the Deputy Collector.

(3.) THE petitioner no. 2 and his brother filed Regular Civil Suit in the court of Civil Judge [Senior Division], Valsad for permanent injunction restraining the respondents from interfering with possession over the land. Ad -interim injunction was granted by the Civil Court and appeal filed by the respondents was dismissed. After the remand was made by the Deputy Collector, the Mamlatdar cum ALT vide his order dated 20.5.95 declared the respondents as tenants. The petitioners no.1 and 2 preferred an appeal before the Deputy Collector, who vide his order dated 29.1.96 allowed the appeal after setting the order passed by the Mamlatdar cum ALT.