G.T.NANAVATI
ISHVERBHAI BHAGUBHAI – Appellant
Versus
SPECIAL SECRETARY REVENUE DEPARTMENT – Respondent
( 1 ) PETITIONERS father Bhagubhai became deemed purchaser of Survey No. 18 of village Karanj Taluka Choryasi District Surat by virtue of sec. 32 read with sec. 32g of the Bombay Tenancy and Agricultural Lands Act 1948 (hereafter referred to as the Tenancy Act ). On his death his heirs (1) Ishverbhai (2) Haribhai (3) Champaklal (4) Shantaben and (5) Gangaben became the joint owners of the said property. By a deed of relinquishment dated 1-12-1964 the other co- owners relinquished their respective shares in favour of the petitioners. On an application made by the petitioner a mutation entry was made to that effect in the revenue records. However the Mamlatdar by his order dated 30-5-1967 cancelled that entry on the ground that the transfer was void according to sec. 43 of the Tenancy Act. That order was confirmed in appeal by the Assistant Collector. The petitioner then filed a further appeal before the Collector who held that second appeal did not lie; and therefore treated it as a revision application under Rule 108 of the Bombay Land Revenue Rules. He confirmed the order passed by the Assistant Collector and dismissed the revision application. The petitioner the
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