MAQBOOL MOHMED CHAUHAN Vs. DY COLLECTOR-BHARUCH 5

JUDGEMENT

(1.) THIS Appeal preferred under Clause 15 of the Letters Patent arises from the judgment and order dated 16th September, 2005 passed in the above Special Civil Application No.14760 of 2005.

(2.) THE matter at dispute is the land Survey No.2663 admeasuring 1 Acre, 23 Gunthas situated at Jambusar (hereinafter referred to as the Land). The appellants -writ petitioners are the heirs and legal representatives of Bai Johra Jafar Fajal, owner of the Land. The respondents no.3 to 6 are successors of one Hussain Beg Mirza, the tenant in the Land. In the proceeding initiated under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Tenancy Act'), by order dated 24th March, 1963, made by the Mamlatdar and Agricultural Lands Tribunal, the said Hussain Beg was held to be the purchaser of the Land. The price of the Land was determined to be Rs.2400/ -. The said Hussain Beg was required to pay the said sum of Rs.2400/ - in four installments of Rs.600/ - each. It appears that the said sale had not been effected i.e. the said Hussain Beg did not pay the purchase price until the year 1970. It should be noted here that the aforesaid order made under Section 32G of the Tenancy Act has not come on record. The above referred facts are gathered from the other materials on record.

(3.) ON 8th December, 1970, the said Hussain Beg appeared before the Mamlatdar and Agricultural Lands Tribunal. He made a statement that the land lady, the aforesaid Bai Johra, was in possession of the Land and that he did not want to pay the purchase price. How or when the said Bai Johra was put into possession of the Land has also not come on record. On 2nd April, 1979, the said Hussain Beg approached the Mamlatdar and Agricultural Lands Tribunal. He paid the purchase price of Rs.2400/ -. On the said payment being made, the Mamlatdar and Agricultural Lands Tribunal issued the Sale Certificate as envisaged by Section 32M of the Tenancy Act. After issuance of Sale Certificate, the said Hussain Beg passed away on 13th November, 1979. Armed with the said Sale Certificate, the present appellants the heirs and successors of the said Hussain Beg instituted Regular Civil Suit No. 240 of 1981 in the Court of Civil Judge (S.D.), Jambusar for permanent injunction restraining the said Bai Johra from interfering with the possession of the plaintiffs of the Land. The said suit came to be dismissed on 30th April, 1984. The learned Civil Judge held that the plaintiffs were not in possession of the suit land. The said judgment and decree came to be confirmed by the learned Assistant Judge, Bharuch by his judgment and order dated 20th December, 1988 passed in Regular Civil Appeal No.18 of 1985. We are informed that the matter was not carried further and rested there.