CHATURBHAI VIRAMBHAI VAGHRI Vs. BHAGWATACHARYA NARAYANCHARYA TRUST

JUDGEMENT

(1.) The petitioners challenged by this Special Civil Application, the part of the order of the Gujarat Revenue Tribunal dated 21st December 1982, made in Revision Application No. TEN.B.A. 1111/180. The order of the Revenue Tribunal has been made in the Revision Application filed by respondent No. 1. One of the contentions raised by the Counsel for the petitioners is that the respondent No. 1 has no locus standi to file Revision Application as well as original application before the appropriate authority. Briefly stated facts of this case are as under :

(2.) The petitioners No. 1 and 2 in this Special Civil Application have been declared to be deemed purchasers under the provisions of the Bombay Tenancy & Agricultural Lands Act, 1948 (hereinafter referred to as the said Act 1958). The respondent No. 1 has not challenged the declaration of the petitioners No. 1 and 2 to be deemed purchasers of the agricultural land holdings in the present case.

(3.) When the petitioners No. 1 and 2 have been declared to be deemed purchasers, the respondent No. 1 is divested of any right, title or interest whatsoever in the agricultural holdings. Relying on the decision of this Court in the case of Shashikant v. State of Gujarat and Ors., reported in 11 GLR 122, the Counsel for the petitioners contended that the landlord would have no concern with the agricultural holdings after the tenant becomes a deemed purchaser. In view of these facts, Counsel for the petitioners contended that the application filed by respondent No. 1 under Section 43 of the said Act 1958, before the Deputy Collector by the respondent No. 2 was not maintainable. It is a case where the petitioners No. 1 and 2 have been declared to be purchasers of the land and as such, the provisions of Section 43 of the said Act 1948, were not applicable.