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1993 Supreme(Guj) 267

D.G.KARIA
Harjivandas Anandji Kapadia – Appellant
Versus
Apar Private Limited – Respondent


Advocates Appeared: A.C.GANDHI, A.V.Trivedi, G.N.DESAI

D. G. KARIA, J.

( 1 ) THIS Special Civil Application under Article 227 of the Constitution arises out of decision dated November 7, 1984 rendered in Revision Application No. TEN. B. A. 1079/83 by Gujarat Revenue Tribunal. By the impugned decision, the Tribunal partly allowed the revision application, quashing the order of the Deputy Collector so far as it related to the grant of permission to transfer the land of Survey No. 3344/1 under sec. 43 of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short "the Tenancy act") and remanded the matter to the Deputy Collector for taking decision after hearing the parties.

( 2 ) 2nd respondnet, Raijibhai Dulabhai Vaghri, was tenant in respect of the lands, bearing Survey No. 3344/1 admeasuring 20 Acres 23 Gunthas, among other lands, situated at Kakarkhad in the town of Nadiad in District Kheda. 2nd respondent had become the deemd purchaser of the said land under provisions of the Tenancy Act.

( 3 ) IT appears that 2nd respondent entered into agreemnet to sell the afroesaid land with the repsondent No. 1 Apar Private Limited, Nadiad, and sought permission under section 43 of the Tenancy Act from the Deputy Collector, Nadiad. By the or








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