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1983 Supreme(SC) 150

D.A.DESAI, O.CHHINNAPPA REDDY
Patel Sureshbhai Jashbhai – Appellant
Versus
Patel Satabhai Mathurbhai – Respondent


Advocates:
A.G.Ratnaparkhi, MADHU MULCHANDANI, R.B.DATAR, V.A.BOBDE

Judgment

DESAI, J.:- Appellant Sureshbhai is the owner of land bearing Survey No. 21 situated at Village Ode, Taluka Anand, District Kaira in Gujarat State. One Nathabhai Zaveribhai and the present respondent were recorded as tenants on the tillers day i. e. 1st April, 1957. Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, (Tenancy Act for short) provided that on the 1st day of April 1957, (hereinafter referred to as the tillers day) every tenant shall subject to the other provisions of the section and the provisions of the next succeeding sections, be deemed to have purchased from his landlord, free from all encumbrances subsisting thereon on the same date the land held by him as tenant. Section 32-G provided for the follow up action of the compulsory purchase that ensues by the operation of Section 32. Section 32G thus envisages the determination of the price in accordance with the various provisions of the Act, of the land deemed to have been purchased by the tenant on the tillers day and the methodology of its payment. In order to determine the price the Agricultural Lands Tribunal (Tribunal for short) has to serve a notice in the prescribed manner to (a) all t














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