LILABEN L JOSHI Vs. KANTILAL FOGATLAL JOSHI

JUDGEMENT

(1.) THIS petition has been filed challenging the orders dated 25th October, 1991 in Revision Application No. TEN. B. A. 415/87 and dated 16th July, 1993 in Review Application No. TEN. C. A. 8/92 made by the Gujarat Revenue Tribunal (the Tribunal ).

(2.) THE dispute between the parties relates to lands bearing Survey Nos. 233, 278, 650 and 713 of Village : Majrole, Taluka : Sinor, District : Vadodara. It is the say of the petitioners that respondents have wrongly been treated to be tenants of the lands in question because both the petitioners and respondents are descendants of real brothers, and hence, in terms of provisions of Section 4 (a) of the Bombay Tenancy and Agricultural Lands Act, 1948 (the Act) a member of the owner's family cannot be treated to be a tenant. For this purpose on behalf of the petitioners reliance has been placed of judgment of this Court in the case of Smt. Amthibai Wd/o. Jesangbhai Nathubhai Vs. Patel Shankerbhai Purshottamdas, reported in 1982 GLH 1046.

(3.) NONE appears on behalf of respondents.