NAVRANGPURA GAM DHARMADA TRUST Vs. GAUTAMBHAI BHIKHABHAI THAKOR

JUDGEMENT

(1.) By way of the present petition under Articles 226, 227 and 300-A of the Constitution of India, the petitioner has firstly challenged the order dated 10.5.2012 passed by the Mamlatdar and Agricultural Lands Tribunal ('ALT' for short), Daskroi, Dist. Ahmedabad in Remand Tenancy Case No.25 of 2007 by which it has been held that one Laxmiben daughter of Khodaji Dhulaji is a deemed tenant under Section 4 of the Gujarat Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Tenancy Act') on the tiller's day i.e. 1.4.1957 (Section 32 of the Tenancy Act) of the property originally belonged to the petitioner Trust since she along with her father were cultivating the land, and fixing the price of the land as well as subsequent two orders dated 9.9.2015 passed by the Deputy Collector, Ahmedabad dismissing the appeal preferred by the petitioner under Section 74 of the Tenancy Act as well as judgment and order dated 17.11.2016 passed by the Gujarat Revenue Tribunal, Ahmedabad dismissing the revision application filed by the petitioner under Section 76 of the Tenancy Act.

(2.) A caveat was filed on behalf of the private respondent. The coordinate Bench issued notice on 17.7.2017 and parties were directed to maintain status-quo with regard to nature, character and possession of the property in question till the next date of hearing.

(3.) Two affidavits-in-reply have been filed by the private respondent on 7.12.2017 as well as dated 5.2.2019 along with necessary documents in support of the case.