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1993 Supreme(Guj) 240

D.G.KARIA
Valand Mafatbhai Kashibhai – Appellant
Versus
Valand Vithalbhai Motibhai – Respondent


Advocates Appeared: A.J.PATEL, B.J.SHELAT

D. G. KARIA, J.

( 1 ) THE present petition is directed against the decision dated January 11, 1985 rendered by the Gujarat Revenue Tribunal in Revision Application No. 960/82 allowing the revision application of the respondent herein and thereby quashing the remand order dated January 25,1982 of the Deputy Collector, Petlad in Tenancy Appeal no. 136/81.

( 2 ) THE relevant facts are in narrow compass and not in dispute. The agricultural land bearing Survey No. 130 admeasuring OA-26 Gunthas of Block No. l71/p situated in village Vatav Taluka Petlad, District Kheda, was occupied and cultivated by the petitioners. The respondent had filed a civil suit, being Civil Suit No. 365/75 in the court of the Civil Judge (J. D.) at Petlad for possession of the said land. The petitioners raised a plea of tenancy in respect of the said land. The trial Court, therefore, made a reference under section 85a of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short "the said Act") to the Mamlatdar to decide for issue regarding tenancy. In the inquiry under sec. 70 (b) of the said Act, the Mamlatdar, by his order dt August 16,1979, held that the petitioners were not the tenants of the land. The










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