K.VENKATASWAMI, N.P.SINGH
MOHAMAD KAVI MOHAMAD AMIN – Appellant
Versus
FATMABAI IBRAHIM – Respondent
( 1 ) THE appellant by two registered sale deeds dated 11/12/1972 and 28/12/1972 purchased from the respondent Survey Plot No. 53 measuring an area of Ac. 3. 06 gunts and Survey Plot No. 372/1+2 measuring an area of Ac. 3. 18 gunts. On the basis of aforesaid purchase the name of the appellant was mutated in the record of rights on 14/2/1973. It appears that in September 1976 the Mamlatdar of the area concerned initiated a suo motu enquiry under Section 84-C of the Bombay Tenancy and Agricultural Lands Act, 1948 as applicable to the State of Gujarat, (hereinafter to be referred to as "the Act") in respect of the validity of the aforesaid sale deeds. On 29/4/19777 the Mamlatdar held that the sales in question were invalid as the appellant was not an agriculturist belonging to the State of Gujarat. The appeal, revision and the writ petition filed against the aforesaid order have been dismissed.
( 2 ) ALTHOUGH Mr. Bhasme, learned counsel appearing for the appellant took a stand that under Section 63 of the Act aforesaid, there should not be any discrimination amongst the agriculturists with reference to the State to which such agriculturist belongs. But according to him even without go
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