( 1 ) THESE two petitions under Art. 227 of the Constitution of India raise common questions of law and are based on almost identical facts. Petitioners in both these petitions are also common and since the questions of law raised are common and facts giving rise to the present proceedings are also, more or less, common, both these petitions are disposed of by this common judgment.

( 2 ) IN these petitions heirs of one Shankarbhai Kanjibhai are the petitioners. The petitions are directed against the common judgment and order of the Gujarat Revenue Tribunal in Revision Applications Nos. 47 and 48 of 1979 dated 11-4-1980 confirming the judgment and order of the Deputy Collector, Vyara.

( 3 ) ONE Kanji Ganesh cultivated two parcels of lands, one being S. No. 105 admeasuring 13 Acres and 38 Gunthas situated at Velad village, surat District and another being S. No. 57, admeasuring 13 Acres and 38 Gunthas situated at village Mubarakpura, District Surat Said Kanjibhai ganesh died on 4/12/1927 leaving behind him five sons, namely (i) Shankarbhai, (ii) Govindbhai, (iii) Gopalbhai, (iv) Morarabhai, and (v) bhikhanbhai. The petitioners are the sons of the deceased Shankarbhai kanjibhai. Respondents in Special Civil Application No. 2992 of 1980 are bhikhanbhai Kanjibhai and his two sons, Laxmanbhai and Ramanbhai, while the respondents in Special Civil Application No. 2438 of 1980 are sons of Govindbhai Kanjibhai and Morarabhai Kanjibhai.

( 4 ) IT appears that the lands in question were cultivated. by deceased shankar Kanji as Karta of Hindu Joint Family. On Tillers day, i. e. , 1-4-57 name of Shankar Kanji appeared in the village record as. he was the eldest member of the family. It appears that since deceased Shankar kanji was the person whose name appeared in the village record, on tillers day, i. e. , 1-4-1957 the became deemed purchaser of the lands in question under, Sec. 32 of the Bombay Tenancy and Agricultural Lands act, 1948. On notice having been issued under Sec. 32g (1) of the said act to said Shankar Kanji whose name appeared in the village record, he expressed his willingness to purchase the land. Based on such statement the Agricultural Lands Tribunal appears to have passed the order declaring said Shankar Kanji to be the deemed purchaser of the lands and fixing the purchase price of lands in question. The purchase price so fixed was allegedly paid by said Shankar Kanji, and the Agricultural Lands Tribunal was, therefore, pleased to issue a certificate of purchase in the prescribed form to said Shankar Kanji in respect of said two parcels of lands under sec. 32m of the said Act. It may be noted that under Sec. 32m (1), of the said Act said certificate of purchase is conclusive evidence of purchase. The exact details of the said proceedings under Sec. 32g of the said Act are not available in these proceedings but it is not disputed fact that the certificate under Sec. 32m was granted to deceased Shankar Kanji.

( 5 ) THE present petitioners filed Application Nos. 3 of 1978 and 4 of 1978 before the Dy. Collector, Vyara under Sec. 84 of the said Act. Section 84 of the Act provides for summary eviction of any person unauthorisedly occupying or wrongfully in the possession of any land. It was the case of the petitioners that the respondents in each of the petitions were persons unauthorisedly occupying the respective parcels of the lands, use and occupation of which they were not entitled to, and hence, they were liable to be summarily evicted by the Collector. It may be noted that the petitioners are claiming to be the only heirs and legal representatives of deceased Shankar Kanji who was declared to be the deemed purchaser of the lands and in whose favour certificate under Sec. 32m was issued. If deceased Shankar Kanji was the tenant actually in possession and occupation of said lands in question in his own right, it is not understood as to how and when he or his sons lost possession of disputed parcels of land. The fac