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1977 Supreme(Guj) 8

M.P.THAKKAR
GANDHI PARK CO-OPERATIVE HOUSING SOCIETY LTD. MANEJA – Appellant
Versus
STATE – Respondent


Advocates Appeared: C.K.PATEL, G.R.SHAIKH, V.H.BHAIRAVIA

M. P. THAKKAR, J.

( 1 ) A Co-operative Society formed by members of middle-class citizens of Baroda has been subjected to great injustice by an obvious mis-reading and misconstruction of sec. 64a of the Bombay Tenancy and Agricultural Lands Act 1948 (Tenancy Act) as will be evident in a short-while. The society concerned thereupon has invoked the jurisdic- tion of this Court under Art. 227 of the Constitution of India and has challenged the order passed by the Mamlatdar of Baroda at Annexure C as confirmed by the Deputy Collector of Baroda as confirmed by the Gujarat Revenue Tribunal (GRT) at Annexure A.

( 2 ) LAND admeasuring 1 Acre. 9 Gunthas comprised in Survey No. 265 of village Maneja was purchased by the petitioner Society - a society of middle-class citizens of Baroda formed under the relevant provisions of the Bombay Cooperative Societies Act of 1925 for a consideration of Rs. 64 0 by a registered document dated May 5 1967 from respondents Nos. 2 and 3. Having purchased the land the petitioner Society obtained a loan of Rs. 2 16 0 from the Gujarat Cooperative Housing Finance Society Ltd. Ahmedabad. With the amount so obtained by way of loan and with the savings effected by t





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