SHAKUNTALABEN Vs. GAJRABEN

JUDGEMENT

(1.) RESPONDENTS appear through learned advocate on caveat and as the pleadings are complete the petition is taken up for final hearing and disposal. RULE. Learned advocate for the respondents is directed to waive service of rule.

(2.) THE facts in brief are that the petitioners herein are legal heirs of deceased- Mahendrasinh Dhirsinh (hereinafter referred to as the landlord) while the respondents are the legal heirs of deceased-Bhimsinh Dhirsinh Rathod (hereinafter referred to as the tenant ). The landlord moved Mamlatdar and ALT for a certificate under Section 88c of the Bombay Tenancy and Agricultural Lands Act, 1948 (the Act) which came to be granted to the landlord. The tenant went in appeal and thereafter in revision in succession but failed. The matter was carried before the High Court by way of a petition being Special Civil Application No. 1471 of 1970 which came to be decided by judgment rendered on 31. 01. 1976. The High Court recorded as under:

(3.) THEREAFTER referring to provisions of Sections 32f and 31 the High Court recorded the final operative portion in the following terms: