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1984 Supreme(Guj) 228

M.B.SHAH
LAJJASHANKER KESHAVJI JOSHI – Appellant
Versus
STATE – Respondent


Advocates Appeared: K.G.VAKHARIA, M.B.GANDHI

M. B. SHAH, J.

( 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 tit













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