( 1 ) THIS petition filed under Arts. 226/227 of the Constitution of India by a Public Trust registered under the provisions of Bombay Public trusts Act, raises an interesting question of law as regards applicability of the provisions of Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as the Tenancy Act, to the areas or parcels of lands which are included in the draft/final Town Planning Scheme prepared under the Gujarat Town Planning and Urban Development Act, 1976, hereinafter referred to as gujarat T. P. Act. This petition also challenges the legality and validity of the judgment and order of Gujarat Revenue tribunal passed in Revision Application No TEN. BS/129 of 1990 and 221 of 1990, dated 11/01/1991 thereby confirming the judgment and order of the Deputy Collector in appeal, who in his turn confirmed the judgment and order of the Agricultural Lands Tribunal in Tenancy Case No, 22 of 1988, dated 16/12/1989.

( 2 ) AT the outset, we must mention that though principally the petition seeks to challenge the order passed by the Guj. Revenue Tribunal in exercise of its revisional powers under Sec. 76 of the Tenancy Act, submissions in the course of hearing before this Court were placed on a wider canvas inasmuch as this Court was invited to various provisions of the Tenancy Act. as well as Guj. T. P. Act so as to decide the question as to whether and under what circumstances the provisions of the Tenancy act would not apply to the areas which fall within the Town Planning scheme under the Gujarat T. P. Act. In view of the amplitude of the submissions made by the learned Counsel appearing at the Bar on behalf of the petitioner as well as respondents we are called upon in this petition to decide a wider question. While undertaking that exercise we have also to keep in mind the fact that in substance and in reality this petition is filed under Art. 227 of the Constitution of India and therefore the findings of fact reached by the three tribunals concurrently cannot be and shall not be interferred with by this Court lightly unless any of such findings is shown to be patently perverse so as to suggest that no reasonable tribunal could have reached such findings on the facts as existing before it.

( 3 ) WITH the aforesaid introductory statement, we now proceed to state chronologically the facts as found by the tribunals which have given rise to present proceeding before us. They are as follows : (I) The petitioner-Trust is the owner of parcel of land bearing S. No. 75/2 situated at Shekpur-Khanpur admeasuring 1 Acre and 3 Gunthas. The said parcel of land was in the possession of deceased Ramaji Adaji on 1-4-1957. i. e. . Tillers day. (II) The said parcel of land came to be included in the area of municipal Corporation of the City of Ahmedabad by Notification, dated 13- 8-1958. (Ill) The Ahmedabad Municipal Corporation thereafter declared its intention to make a Town Planning Scheme, Ahmedabad-19 (Memnagar) under sub-sec. (1) of Sec. 22 of Bombay Town Planning Act, 1954, and accordingly, draft Town Planning Scheme No. 19 was prepared and published under sub-sec. (1) of Sec. 23 of the Town Planning Act, 1954. In such draft scheme the land in question being S. No. 75/2 came 10 be included and it was allotted Final Plot No. 177. The said draft Town Planning scheme No. 19 has become; final on 19/12/1965 and the land in question is allotted Final Plot No. 177. Since the Town Planning Scheme has become final, and the laud in question is alloted Final Plot, it is required to be seen by this Court as to whether the provisions of Bombay tenancy Act would apply to said parcel of land. (IV) The proceedings under Sec. 32 (g) with respect to this very parcel of land were initiated. While Mamlatdar and Agricultural Lands Tribunal in case No. 8 by judgment and order, dated 29/07/1961 decided to drop the proceedings under Sec. 32 (g) of the Bombay Tenancy Act as this parcel of land came to be included within the