VASRAM MULU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Mamlatdar and A. L. T., Jamnagar, lias initiated the proceedings under Section 21 of. the Gujarat Agricultural Lands Ceiling Act, hereinafter referred to as the "Act" with regard to the holding of the petitioner Vasram Mulu. The Mamlatdar & A.L.T. by his judgment and order dated 23-2-81 arrived at the conclusion that in all the petitioner was the owner of 99 acres, 15 gunthas of agricultural land of village Bareja, Taluka Jodiya. He further arrived at the conclusion that the alleged partition between the petitioner and his brother Naran is invalid as mutation entry was mutated on 13-5-74, i. e. after 24-1-71. He also held that the transfer in favour of Amarsing Tapuji and Naval-sing Tapuji was also invalid. He finally arrived at the conclusion that the petitioner was holding 48 acres, 15 gunthas as excess limit as the ceiling limit was 51 acres

(2.) Against that judgment and order the petitioner preferred Ceiling Appeal No. 30/80-81 which was partially allowed by the Deputy Collector by his judgment and order dated 28-9-81. He set aside the order for the land bearing S. No. 165 Paiki 9 acres, 30 gunthas.

(3.) Against that judgment and order the petitioner preferred Revision Application No. TEN. B.R. 28/82 before the Gujarat Revenue Tribunal. The Gujarat Revenue Tribunal arrived at the conclusion that the joint familly of the applicant held 23 acres, 20 gunthas of excess land on 1-4-76. The Gujarat Revenue Tribunal further arrived at the conclusion that Mulubhai, the father of the petitioner, was the owner of the land in dispute. He expired on 16-4-63 and this is borne out by the mutation entry No. 335 dated 30th April 1963. It is also held that Mulubhai died leaving behind him his widow Valibai, 2 sonsVashram Mulu, Naran Kulu and 5 daughters who were major on 1-4-76 which is the specified date.