S.T.DESAI, P.N.BHAGWATI
MANGALBHAI FATEHSINGH CHAUHAN – Appellant
Versus
BAI NANIBA – Respondent
( 1 ) ONE question which arises for our determination on this petition is as to the interpretation of section 76a of the Tenancy and Agricultural Lands Act and the scope and ambit of the powers of the Collector when he decides to act suo motu under that section and to call for the record of any inquiry or proceeding of any Mamlatdar for the purpose of satisfying himself as to the legality or propriety of any order passed by the Mamlatdar. Another question relates to limitation in the context of the exercise of the power of review conferred by section 76a on the Collector.
( 2 ) OPPONENT No. 1 to the present petition is the owner of survey No. 82 admeasuring 2 acres and 24 gunthas and situated in village Partappura in Kaira District. The petitioner before us is the tenant of that land. Opponent No. 1 filed a tenancy application in respect of this land in the Court of the Tenancy Mahalkari on 7/05/1956 and the relief sought was recovery of possession of the land on the ground of default in payment of rent for three years 1952-53 1953 and 1954-55. The Tenancy Mahalkari held in favour of the owner and directed the petitioner to hand over possession of the land to the own
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