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2003 Supreme(Guj) 348

D.A.MEHTA
ADAMBHAI SULEMANBHAI DESAI – Appellant
Versus
STATE – Respondent


Advocates Appeared: H.D.Dave, J.M.PATEL, NAGIN M.GANDHI, P.J.VYAS

JUDGMENT

D. A. MEHTA, J. –

(1) This is a petition under Article 226 of the Constitution of India challenging the order dated 26/6/1992 passed by the Gujarat Revenue Tribunal in Revision Application No. TEN. BA. 127/88 and TEN BA. 137/88 as well as order dated 17/4/1995 in Review Application No. TEN CA. 42/92 and TEN CA. 43/92 passed by the Gujarat Revenue Tribunal (for short the Tribunal)

(2) The petitioner is Chairman of one Desai Cooperative Housing Society Limited and has preferred the petition for and on behalf of the petitioner society registered under the Gujarat Cooperative Societies Act. The dispute relates to land bearing survey no. 205 admeasuring 4 Acres 31 Gunthas situated in the sim of Dhandhuka town. The said lands were originally of the ownership of a public trust named sarvarsha PIR. One Musabhai Yakubbhai (since deceased), was the tenant and was cultivating the aforesaid land owned by the trust. Upon death of said Musabhai Yakubbhai the names of his heirs viz. respondent nos. 2 to 5 came to be entered in the revenue records as tenants. Respondent No. 5 is the mother of respondent nos. 2, 3 and 4. Respondent nos. 6, 7 and 8 are the Vahivatdars i. e. Administrators/tru














































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