SANJAYSINH MOHANSINH GOHIL Vs. KOKILABEN NATUBHAI DESAI (DELETED)

JUDGEMENT

(1.) These two petitions involved similar facts and identical issue. Accordingly they were heard together and are being disposed of by this common order.

(2.) The challenge in Special Civil Application No.114 of 2017 is directed against judgment and order dated 03rd October, 2016 of the Gujarat Revenue Tribunal, Ahmedabad, in Revision Application No.40 of 2015 whereas in the other Special Civil Application No.115 of 2017, it is the judgment and order of even date in Revision Application No.41 of 2015 delivered by the Revenue Tribunal that is brought under challenge. These two Revision Applications before the Tribunal arose from orders of Deputy Collector, Olpad Prant, in Ganot Appeal No.05 of 2013 and No.06 of 2013, both dated 24th March, 2015.

(3.) The petitioners' case is that their ancestor - Pratapsinh Gohil had been cultivating the land since the year 1978. After death of said Pratapsinh in the year 1999, the petitioners have been in possession and cultivation. The administrator of the respondents, who stayed abroad, gave threat in the year 2006 to dispossess the petitioners from the land. The petitioners therefore filed Tenancy Application No.87 of 2006 (New No.136 of 2006) before the Additional Mamlatdar, Choryasi, under Section 70(b) of the Bombay Tenancy and Agricultural Lands Act, 1948. In the said application, it was prayed by the petitioners to declare them as tenants of the land.