JUWANSINHJI BALVIRISINHJI Vs. MEMBERS OF THE TRIBUNAL

JUDGEMENT

(1.) THE petitioner and his four brothers had as Cadets of the former Lakhtar State received as Giras from that State four villages viz. Moti Kishol, Mul Kishol, Rupavati and Karangadh and other lands situate in the village of Talavani, and had obtained the Hak Patrak dated 15th October 1928 duly registered before the Political Agent of the old Eastern Kathiawar Agency.

(2.) OF these villages only Karangadh and the lands situated in Talavani are situate within the territory of the then State of Saurashtra and therefore, the Saurashtra Land Reforms Act XXV of 1951 as stated in Section 2 thereof would only be applicable to those lands situate in the villages of Karangadh and Talvani. The case of the petitioner is that being divided and separate in food, worship and estate he and his brothers are holding the Giras as tenants-in-common as the lands are not yet divided by motes and bounds. They therefore say that they are Girasdars within the meaning of Section 2 (15) of the said Act.

(3.) THE applicant on behalf of himself and his four brothers made an application before the Mamlatdar of Lakhtar as provided for by Clause 1 of Section 16 of the Act for allotment of the lands describing themselves therein as Girasdars of "a" class. On the 19th December 1952 however the petitioner applied to the Mamlatdar stating that it was through an error that he had described himself and his brothers as "a" class Girasdars but that they were in fact "e" class Girasdars. Their contention was that they were riot "a" class Girasdars because the total area of agricultural lands in their possession and enjoyment Was only 495 acres and 37 gunthas in Karangadh and 180 acres and 26 gunthas in Talavani village aggregating in all to 676 acres and 23 gunthas and therefore they contended that under Section 5 of the Act they would be Girasdars of "b" class only. In that application they also stated that since they have had already in their possession 180 acres 26 gunthas for personal cultivation as Girasdars, no. question of any allotment remained to be determined.