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1980 Supreme(Guj) 33

B.K.MEHTA
GABHAJI LILAJI – Appellant
Versus
VORA SAIYADBHAI KADARBHAI – Respondent


Advocates Appeared: J.M.PATEL

B. K. MEHTA, J.

( 1 ) THE petitioner was a tenant of the land of S. No. 31 admeasuring acres 16-35 gunthas situate within the revenue limits of village Khanusa in Vijapur taluka of the Mehsana district. This piece of land was divided into two parts; S. NO. 31/1 and S. No. 31/2 admeasuring acres 8-13 gunthas and acres 8-12 gunthas respectively. The respondent of special Civil Application No. 305 of 1977 purchased the land of S. No. 31 while the respondent of Special Civil Application No. 304 of 1977 purchased the land of S. NO. 3112

( 2 ) THE grievance of the petitioner is that his name was removed from the record of rights at the instance of the respondents who applied to the Mamlatdar concerned on the ground that the petitioner was no more a tenant on the said piece of land without any inquiry being held as required by law. The petitioner therefore carried the matter in appeal before the Prant Officer who directed the respondents to seek negative declaration under sec. 70 (b) of the Tenancy Act against the petitioner that he was no more a tenant. Accordingly the respondents applied to the Mamlatdar who granted the negative declaration as sought for. The said order granting negative








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