KUMBHAR GAMNAJI RATNAJI Vs. GURDIPSINH AMARSINH

JUDGEMENT

(1.) Special Civil Application Nos. 1415/75and 1416/75 by two different petitioners Kumbhar Gamnaji Ratnaji and Dipaji Magaji respectively are concerned with two different agricultural pieces of land respectively bearing survey No. 187/18 and 187/41 situated in village Ranpur in Deesa Taluka of Banaskantha District. These petitioners challenge the respective order of the Gujarat Revenue Tribunal Annexure-C to both of these petitions. As the background of the Special Applications Nos. 1415/75 1416 886 and 887/76 is identical and as the point of law involved in these first two petitions is also the same I deal with these four petitions together by this common judgment.

(2.) A few facts at the bottom of this dispute require to be closely noted. These two pieces of land admittedly belonged to one Nasarvanji Parsi. Respondent No. 2 Bai Parus husband was admittedly the tenant on the land. The said husband of Bai Paru had died prior to 1-4-1957 and so said Bai Paru had come to be the tenant on the lands. In the year 1961 the proceedings under sec. 32G had arisen. By its order dated 19 the Agricultural Lands Tribunal fixed the purchase price in respect of these two lands and declared Bai Paru a statutory purchaser. A certificate under sec. 32-M declaring Bai Paru to have become the statutory purchaser under sec. 32 of the Bombay Tenancy Act had come to be issued to her on 19-9-66.

(3.) Then Bai Paru wanted to dispose of these lands so she had applied to the Collector under sec. 63 of the Act for permission to sell the land to one Gurudipsinh Amarsinh the respondent No. 1 of these first two petitions. The competent authority by its order dated 30th March 1971 had granted the said permission by charging sixty times assessment as the amount to be paid by the purchaser to the State. After getting the said permission Bai Paru executed the sale deed for these two lands on 4-8-1971 and got it registered. The respondent No. 1 Gurdipsinh Amarsinh in first two petitions (Spl. C.A.No. 1415 and 1416/75) claims to be put in possession with the standing crops pursuant to the sale deed. The said Bai Paru is the respondent No. 2 in both these petitions. In the year 1971 the Mamlatdar held some inquiry and deleted the name of the petitioner Gamnaji Ratnaji from Panipatrak for survey No. 187/18 and similarly the name of Dipaji Magaji petitioner of Spl. C.A. No. 1416/ 75 also came to be deleted. The respective entries Nos. 264 and 265 had come to be passed by the Revenue authorities on 4-8-1971.