J.B.MEHTA
DEVJI MEGHJI GANGAR – Appellant
Versus
LALMIYA MOSAMMIYA – Respondent
( 1 ) THESE are two cross petitions against the order of the Revenue Tribunal dated October 28 1970 as the Revenue Tribunal has held that out of the three purchasers in the first petition only Devji Meghji petitioner No. 1 was an agriculturist; while the other two petitioners who had no land in this State and were not personally cultivating any land in the Gujarat State were not agriculturists. Both the parties have challenged the said decision in these two cross petitions.
( 2 ) THE respondentsholders in the first petition held four lands in question. The agreement of sale dated May 8 1963 was entered into with these three purchasers for Rs. 73 551 of which admittedly the total price of Rs. 26000 has been paid on or before May 259 1964. The possession was given to these three purchasers on the very next day i. e. on May 9 1963 As under sec. 63 of the Bombay Tenancy and Agricultural lands Act 1948 hereinafter referred to as the Act permission was thought to be necessary the purchasers had applied as per the implied obligation under this agreement to get such permission on July 2 1964 in the form of no objection certificate of the Collector. There is no dispute that t
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