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1969 Supreme(Guj) 61

J.B.MEHTA
MOHMADKHAN JAMIYATKHAN – Appellant
Versus
DADAMIYAN MOHMADMIYAN – Respondent


Advocates Appeared: A.M.PIRZADA, B.R.SHAH, MAHESH C.BHATT

J. B. MEHTA, J.

( 1 ) THE petitioner who claims to be the tenant of three Survey numbers 463/2 467 and 479 at village Sonasan Taluka Prantij challenges in this petition the order of Revenue Tribunal dated March 17 1969 by which the Tribunal has dismissed the revision application confirming the order of the Prant Officer dated November 5 1965 ordering summary eviction of the petitioner from all these lands under sec. 84 of the Bombay Tenancy and Agricultural Lands Act 1948 hereinafter referred to as The Act. These three lands were purchased by Respondent No. 1 in May 1946 It appears that the petitioners brother had surrendered these lands on March 25 1957 and this surrender was verified by the order of the Mamlatdar under sec. 15 (2) of the Act on April 2 1957 and was confirmed by the Collector on May 12 1958 Thereafter respondent No. 1 applied in 1958 in the Mamlatdars Court for injunction in respect of S. No. 463/2. The petitioner was found to be in possession of the survey number and so the suit for injunction under the Mamlatdar Courts Act was dismissed and this order was confirmed by the Prant Officer. In 1958 even the petitioner had applied for entering his name in S. No. 463/2









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