( 1 ) HEARD the learned Advocates

( 2 ) THE petitioner challenges the judgment and order dated 5th September, 1991 passed by the learned Gujarat Revenue Tribunal in Revision Application No. TEN:ba:261 of 1989

( 3 ) THE petitioner was a tenant of land bearing Survey No. 1035 admeasuring 1 Acre 8 Gunthas and land bearing Survey No. 1036 admeasuring 1 Acre 16 gunthas situated at Mehsana which belonged to one Charitable Trust - Shree hanuman Sanstha. Upon enactment of Sec. 88-E of the Bombay Tenancy and agricultural Lands Act, 1948 (hereinafter referred to as, the Act), the petitioner, on the specified date (i. e. , 15th November, 1969) became deemed purchaser of the said lands and the provisions of Sec. 32 to 32-R (both inclusive) became applicable. Since then, pursuant to the proceedings under Sec. 32-G of the Act, by order dated 30th November, 1971 made by the Mamlatdar and Agricultural lands Tribunal, the petitioner was declared to be the owner and the price of the lands was determined. The ownership of the petitioner of the said lands was declared to be of restrictive tenure subject to Sec. 43 of the Act. The said order insofar as it made the petitioners holding to be of restrictive tenure was challenged by the petitioner in Tenancy Appeal No. 15 of 1988 before the Prant Officer. The Prant Officer, Mehsana by his order dated 15th October, 1988 held that since the amendment to Sec. 43 of the Act, the petitioners holding of the said lands became subject to the restrictions envisaged under sec. 43 of the Act. Feeling aggrieved, the petitioner preferred the above revision application before the Revenue Tribunal, which, by the judgment and order dated 5th September, 1991 confirmed the order of the Prant Officer, Mehsana. Feeling aggrieved, the petitioner has preferred the present petition

( 4 ) MR. Vyas has relied upon the judgment of this Court in the matter of motibhai Nathabhai v. Trustee of Ramji Mandir, Baroda 1974 GLR 18. He has submitted that by the said judgment, this Court has held Sec. 88-E of the act to be prospective in its operation and similarly amendment in Sec. 43 made under the Gujarat Act XXI of 1987 shall be held to be prospective and only those acquisitions of land under Sec. 88-E which are effected after the effective date of amendment i. e. . on or after 20th April, 1987 shall be subject to the restrictions contained in Sec. 43 of the Act. However, admittedly, the petitioner had purchased the lands in the year 1971 and the petitioners holding of the said lands shall not be affected by the restrictions contained in Sec. 43 of the Act

( 5 ) BEFORE I deal with the argument advanced by Mr. Vyas, it shall be fruitful to discuss the relevant law

( 6 ) SECTION 32 of the Act provides, inter alia, that on the first day of April, 1957 (tillers day) every tenant shall be deemed to have purchased from his landlord, free of all encumbrances subsisting thereon, on the said day, the land held by him as tenant. Sec. 32f of the Act provides for a right of tenant to purchase the land where landlord is a minor, or a widow, or a person subject to any mental or physical disability. Sec. 32-G of the Act, inter alia, provides for theprocedure to be followed by the Tribunal for determining the purchase price of the land. Sec. 32-1 of the Act provides, inter alia, that the sub-tenant shall be deemed to have purchased the land on the tillers day. Sec. 32-0 of the Act provides, inter alia, that in case of tenancy created after the tillers day, the tenant cultivating personally shall be deemed to have purchased the land on the date of expiry of one year from the commencement of such tenancy from the landlord, the land held by him. Sec. 43 of the Act (prior to its amendment by Gujarat Act XXI of 1987) provides, inter alia, that no land or any interest therein purchased by tenant under Secs. 17-B, 32, 32-F, 32-1, 32-0 or sold to any person under Sec. 32-P or 64 of the Act shall be transferred or shall be agreed to be transferre