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1970 Supreme(Guj) 74

D.A.DESAI
DAHYABHAI SOMABHAI – Appellant
Versus
RAMAJI KESARJI – Respondent


Advocates Appeared: H.B.VAISHNAV, J.M.PATEL

D. A. DESAI, J.

( 1 ) THIS petition under Article 227 of the Constitution of India is directed against the judgment and order of the Mamlatdar Gandhinagar in Mam. Court Act Case No. 16/65 pronounced on 19th April 1966 and confirmed by the Prant Officer Gandhinagar in Revision Application No. 6/66 on 30th September 1966. One Mafatlal Punamchand was the owner of the lands bearing S. No. 1137 admeasuring 1 acre 27 gunthas and S. No. 1138 admeasuring 1 acre and 27 gunthas situated within the revenue limits of Isanpur Mota in Gandhinagar District. Mafatlal Punamchand the owner of the lands sold the same to the petitioners by a sale deed dated 26th April 1956 for consideration of Rs. 1350. 00. The petitioners say that they came into possession of the lands on the date of the sale and since then they are in continuous possession except for a short period in 1964 As this sale was effected on 26th April 1956 that is after 15th June 1955 and before 1st April 1957 when the Amending Act of 1955 came into force the Mamlatdar held an enquiry whether the sale was in contravention of secs. 63 or 64 of the Bombay Tenancy and Agricultural Lands Act 1948 as it stood before the commencement of the Amen












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