NANIBIBI ALAUDDIN MALEK Vs. VIRANCHILAL BAPALAL THAKORE DECEASED BY HIS HEIRS AND LEGAL REPRESENTATIVES

JUDGEMENT

(1.) The petitioners are the tenants of the agricultural land bearing Survey No. 346, admeasuring about Acre 1, Gunthas 10 and assessed at Rs. 4.12, which is situated on the outskirts of the village Mahemdabad, District: Kheda (hereinafter referred to as 'the disputed land'). The Respondents are the original owners of the disputed land. As averred in this petition preferred under Article 21-27 of the Constitution of India, Mamlatdar and the Agricultural Lands Tribunal, Mahemdabad, held and inquiry in respect of the disputed land under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 ( for short, 'tenancy Act') and vide order dated 25.05.1962 passed in Tenancy Case No. 14 of 1962 fixed the purchase price of the disputed land.

(2.) The respondent challenged the said order of the Mamlatdar and the Agricultural Lands Tribunal being dissatisfied with the same and preferred an appeal before the Dy. Collector, Kheda, being Tenancy Appeal No. 107 of 1962, which came to be dismissed by the Dy. Collector vide his order dated 18.11.1962.

(3.) A revision being Application No. TEN.B.A. 63 of 1963 came to be preferred by the Respondents under Section 76 of the Tenancy Act before the Gujarat Revenue Tribunal ('The Tribunal' in brief), Ahmedabad, which partly allowed the same vide its order dated 17.04.1963, whereby, it partially set aside the orders of the both the authorities below and remanded the matter to the Tribunal to determine the question, whether the disputed land was covered by Clause B of sub-Section (1) of Section 43 of the tenancy Act and whether, in the circumstances, the provisions of Section 32 to 32R were applicable to the said case or not. It also gave further direction, which, if need be, shall be discussed later on.