BHIKHABHAI HARMANBHAI Vs. DAHYABHAI BABABHAI PATEL
LAWS(GJH)-1983-1-22
HIGH COURT OF GUJARAT
Decided on January 24,1983

BHIKHABHAI HARMANBHAI Appellant
VERSUS
Dahyabhai Bababhai Patel Respondents

JUDGEMENT

S.B.MAJMUDAR - (1.) In this petition under Article 226 of the Constitution which in substance is one under Article 227 thereof the petitioners challenge an order passed by the Gujarat Revenue Tribunal in TEN B.A. No. 549 of 1976 dated 23-3-1977 at annexure C to the petition whereunder the Tribunal took the view that the proceedings under sec. 32 of the Bombay Tenancy and Agricultural Lands Act 1948 (hereinafter referred to as the said Act) were void and equally the appellate order of the Deputy Collector was also void.
(2.) . In order to appreciate the grievance of the petitioners in this petition it is necessary to note a few relevant facts. The petitioners filed an application on 8-11-1981 before the ALT and Mamlatdar Anand for getting fixed the purchase price of land bearing S. No. 1082 admeasuring O acre 38 gunthas situated in the sim of Anand town of Kheda district. The petitioners contended that they were cultivating the said land since long. They had become deemed purchasers of the said land on 13-12-1960 which was the deemed purchase date so far as the lands situated on the outskirts of Anand town were concerned. The contention of the landlords was to the effect that the petitioners were not the tenants of the land in dispute but on the contrary respondents Nos. 3 and 4 were the tenants thereof. The Mamlatdar and ALT after recording evidence of the respective parties passed an order on 29-5-1974 taking the view that the petitioners were the tenants of the disputed land and were required to be treated as deemed purchasers thereof and accordingly purchase price was fixed in favour of the petitioners. The said order is at annexure A to the petition.
(3.) . Respondents Nos. 1 and 2 carried the matter in appeal before the Deputy Collector Anand being appeal No. 163 of 1974 which was dismissed by the Deputy Collector. It is thereafter that respondents Nos. 1 and 2 filed a revision application under sec. 76 of the said Act before the GRT.;


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