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1996 Supreme(Guj) 347

J.N.BHATT
DHANLAXMIBEN – Appellant
Versus
HASUMIYA AKBARMIYA MALEK – Respondent


Advocates Appeared: H.M.PAREKH, JASHVANT SHAH

J. N. BHATT, J.

( 1 ) WHAT is the real purport, interpretation and then application of the provisions of Secs. 32g (4), 32h and 63a (3) of the Bombay Tenancy and agricultural Lands Act, 1948 (bombay Tenancy Act for short) is the issue to be resolved in this petition under Art. 226 and 227 of the Constitution of India.

( 2 ) THE petitioner has questioned the legality and validity of the order passed by the Deputy Secretary, Revenue Department, Government of Gujarat in not considering the review application filed by the petitioner by his order dated 8- 11-1993.

( 3 ) ONE Chaturbhai Muljibhai purchased land bearing survey number 703 situated in the sim of village Kalsar, District Kheda (disputed land for short ). It was purchased by registered sale deed for Rs. 3,000. 00. Name of Chaturbhai was mutated in the record of rights. Upon death of Chaturbhai, the disputed land came to be inherited by Chandanben Chaturbhai, Amratlal Chaturbhai and the present petitioner dhanlaxmiben.

( 4 ) NAME of the first respondent was entered in the revenue record as a tenant in January 1957 and at the relevant point of time, the original landlord Chaturbhai was lunatic and, therefore, the sale was postpon











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