( 1 ) THE petitioner filed an application under section 8 of the Gujarat Agricultural Lands Ceiling Act 1960 hereinafter referred to as the Agricultural Lands Ceiling Act before the Collector for a declaration that the transfer or partition effected by him prior to the specified date was not made in anticipation in order to defeat the object of the Act. After considering. the said application en merits the Collector granted the prayer of the petitioner by his judgment and order dated 19/09/1977. Against the said judgement and order passed by the Deputy Collector Land Reforms. District Junagadh in Land Ceiling Section 8 Case No. 28/77 the State of Gujarat agreement Revision Application No. TEN B. R. 61/78 before the Gujarat Revenue Tribunal under section 38 of the Agricultural Lands Ceiling Act. In that revision application a contention was raised on behalf of the State that as the possession of the land was delivered merely by an agreement to sell therefore the said agreement to sell cannot be held to be a transfer and hence section 8 of the Agricultural Lands Ceiling Act would not be applicable. The Gujarat Revenue Tribunal held that by agreement to sell no right title and interest in the property would be conferred on the purchasers and therefore proceedings under section 8 of the Act were not maintainable. The Gujarat Revenue Tribunal therefore by his judgment and order dated 12/07/1979 set aside the order passed by the Collector.

( 2 ) BEING aggrieved and dissatisfied by the said judgment and order the petitioner has filed this Special Civil Application under Article 227 of the Constitution of India. In this petition the learned counsel for the petitioner has raised the following contentions:- (1) The order passed by the Gujarat Revenue Tribunal without hearing the transferee is against the provisions of section 8 (3) of the Agricultural Lands Ceiling Act. (2) The interpretation of section 8 (1) given by the Gujarat Revenue Tribunal by holding that the agreement to sell would not be covered within the meaning transfer is against the intent and purport of section 8section 8 (3) of the Agricultural I ands Ceiling Act in terms provides that on receipt of an application under section 8 (2) the Collector shall hold an inquiry and after giving an opportunity to the transferor and the transferee or as the case may be to the parties to the partition to be heard and after considering the evidence which may be produced decide whether the transfer or as the case may be the partition was or was not made in anticipation in order to defeat the object of the Act. Admittedly in this case the transferees are not heard by the Gujarat Revenue Tribunal. It is not very much clear whether the transferees were heard by the Collector or not but in any set of circumstances the order passed by the Gujarat Revenue Tribunal clearly shows that the transferees were not heard. The said order therefore would be clearly in violation of section 8 (3) of the Agricultural Lands Ceiling Act. Hence on this short ground the order requires to be set aside.

( 3 ) THE next question which will require determination is whether transfer as contemplated under section 8 (1) would include an agreement to sell with possession of the land. For interpreting whether section 8 would include transfer by agreement to sell it would be necessary to refer to relevant provisions of the Agricultural Lands Ceiling Act. Section 8 reads as under:"8 Where after 15th day of January 1959 but before the commencement of this Act or after 24th day of January 1971 but before the specified date any person has transferred whether by sale gift mortgage with possession exchange lease surrender or otherwise or partitioned any land held by him. then notwithstanding anything contained in any law for the time being in force such transfer or partition shall unless it is proved to the contrary be deemed to have been made in anticipation in order to defeat the object of this Act. Where su