BHANUBHAI UKEDIABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appeal is directed against the decision of the Learned Single Judge dated 6. 8. 2008 passed in Special Civil Application No. 9024/2000.

(2.) ISSUE pertains to tenancy rights over land bearing Survey No. 136 admeasuring 4 acres and 20 gunthas of village Palia, Tal. Jetpur-Pavi, District Vadodara. The petitioner Bhanubhai Ukediabhai along with his two brothers filed an application before the Mamlatdar and ALT, Baroda on 6. 12. 1996 under Section 70 (b), 32ppp and 32g of the Bombay Tenancy and Agricultural Lands Act ("the Tenancy Act" for short ). Their case was that their predecessor-in-title Ukediyabhai Daliyabhai was a protected tenant and accordingly entries in record of rights were made to this effect.

(3.) MAMLATDAR and ALT by order dated 26. 12. 1997 held that the applicants were entitled to purchase of land upon payment of price of Rs. 1643. 20. Respondent No. 3-land owner appealed against the order passed by the Mamlatdar and ALT before the Deputy Collector, Chhotaudepur, who by his order dated 2. 7. 1998 allowed the appeal and set aside the order passed by the Mamlatdar and ALT. Petitioner preferred Revision Application before the Gujarat Revenue Tribunal which came to be dismissed by an order dated 10. 6. 1999, upon which he preferred above-mentioned petition which also came to be dismissed by the Learned Single Judge by impugned judgement dated 6. 8. 2008.