DECEASED GARBADJI KHODAJI THRO HIS HEIRS AND LEGAL/REP., Vs. GUJARAT REVENUE TRIBUNAL TO BE SERVED THRO PRESIDENT

JUDGEMENT

(1.) Petitioners are heirs of deceased Garbadji Khodaji. They have challenged the order passed by the Mamlatdar and ALT, Dhandhuka as confirmed by the order of the Deputy Collector, Ahmedabad and Gujarat Revenue Tribunal.

(2.) Facts are as under:

(3.) On 04.04.1984, respondent No. 4-Gujarat Harijan Sevak Sangh approached the Mamlatdar and ALT under section 70(b) and 32G of the Tenancy Act contending that in the land Survey No. 388/A/2/1 admeasuring 1 Acre and 6 Gunthas, name of Garbardji is wrongly mentioned in the village records which is required to be deleted. In such proceedings, the Mamlatdar issued notices. Garbardji and his daughter-in-law Jivtiben appeared. They deposed before the Mamlatdar that they have never cultivated the said land. They have never been in possession of the land. The land was always in possession and cultivation of the owner. Adjoining this land, the land bearing survey No. 386/2 is situated which Garbadji was cultivating, due to which, by error his name is mentioned in the land bearing Survey number 386/A/2/1. The representative of the Gujarat Harijan Sevak Sangh also gave similar deposition stating that the land was purchased by the Sangh from Cristian Missionary which was in occupation and possession of the seller. Name of Garbadji is wrongly mentioned in the village records.