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1990 Supreme(Guj) 117

R.K.ABICHANDANI
KALABHAI – Appellant
Versus
TARABEN WIDOW OF GORDHANBHAI MANGALBHAI – Respondent


Advocates Appeared: A.J.PATEL, H.B.ANTANI, P.B.MAJUMDAR

R. K. ABICHANDANI, J.

( 1 ) THE petitioner (since deceased) has challenged the order of the Gujarat Revenue Tribunal passed in Revision Application No. TEN. B. A. 400 of 1979 on 28-9-1979 by which the Tribunal had allowed the Revision application and set aside the orders of the ALT-Mamlatdar, Baroda and the deputy Collector holding that the petitioner was the tenant of the lands in dispute. The Tribunal upheld the preliminary objection that the enquiry was incompetent under Sec. 32g of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the said Act ).

( 2 ) THE ALT-Mamlatdar had started an enquiry under Sec. 32g of the said act and on the basis of the evidence on record he came to the conclusion that the petitioner who was a Schedule Caste person was a tenant of the land bearing survey Nos. 462, 507 and 508 of Village Kapuria and was deemed to have purchased the land on Tillers Day, i. e. 1-4-1957. The Deputy Collector Vadodara, upheld the order of the ALT-Mamlatdar by his decision dated 30/09/1978 holding that the finding of the Mamlatdar that the petitioner was the tenant of the disputed land was proper. The respondents Nos. 1 to 7 challenged the order









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