SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1996 Supreme(SC) 1305

K.VENKATASWAMI, N.P.SINGH
MOHAMAD KAVI MOHAMAD AMIN – Appellant
Versus
FATMABAI IBRAHIM – Respondent


Advocates:
approved : State of Gujarat v. Jethmal Bhagwandas Shah
relied on : State of Gujarat v. Patil Raghav Natha, 1969 2 SCC 187
Ram Chand v. Union of India, 1994 1 SCC 44

( 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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top