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1969 Supreme(SC) 76

G. K. MITTER, M. HIDAYATULLAH
Patel Bhuder Navji – Appellant
Versus
Jat Mamdaji Kalaji – Respondent


Advocates:
K.L.Hathi, P.B.PATVARI, P.C.BHARTARI, P.M.RAVAL, S.K.Bagga, Sureshta Bagga

Judgement

MITTER, J. : These are two appeals by special leave from judgments of the Gujarat High Court dated April 28, 1965 in Civil Revision Applications Nos. 88 and 93 of 1961. As the questions involved in both the applications were the same, the High Court delivered the main judgment in Civil Revision Application No. 88/1961 and referred to the same in its judgment in Civil Revision Application No. 93 of 1961. The two applications in the High Court arose out of certain proceedings under the Saurashtra Agricultural Debtors Relief Act. The applicants before the High Court and the appellants before this Court were mortgagees in possession of certain lands belonging to the debtors who are now represented by the respondents. The main question before the High Court was and before us is, whether the debtors had lost all their interest in the lands mortgaged by reason of the operation of the Saurashtra Land Reforms Act, XXV of 1951 and as such were not competent to make an application under the Saurashtra Agricultur Debtors Relief Act, 1954. Hereinafter the two Acts will be referred to as the Land Reforms Act and the Debtors Relief Act.

2. It is not necessary to deal separately with the f
















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