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/trustees of the aforesaid trust. The lands were Devsthan Inams and, hence, upon the Devsthan Inams Abolition Act coming into force with effect from 15. 11. 1969, respondent no. 5 became deemed purchaser of the said land in light of provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (the Act ).

(3) Accordingly, the Mamlatdar and ALT initiated proceedings under Section 32g of the Act bearing Tenancy Case No. 5/71. After recording the statements of respondent no. 5 as well as one of the trustees of the trust, viz. the land owner, declared respondent no. 5 as permanent tenant and also determined the purchase price which was mutually agreed upon by the parties during the course of proceedings of Tenancy Case No. 5/71. The Mamlatdar and ALT directed the revenue authority to delete the name of the land owners, i. e. the trust and enter the names of respondent nos. 2 to 5 in the revenue records.

(4) On 24/11/respondent no. 5 entered into a sale transaction with the petitioner and the petitioner society purchased the land for a consideration of Rs. 21,000. 00. Thereafter, the petitioner applied for conversion of the said land into non-agricultural land on 6/9/1975 and the District Development Officer, District Panchayat, Ahmedabad vide his order dated 29/11/1995 granted permission to convert the said land and use the same for building purpose as per the plan produced before him subject to various conditions imposed in the order dated 29. 11. 1975.

(5) Respondent Nos. 2 to 4 filed Civil Suit No. 265/85 in the Civil Court, Narol on 30/11/1985 seeking partition of the suit land. An ex-parte injunction was obtained against the petitioner society not to plot out the land and put-up construction. However, the Civil Court, Narol after hearing the parties to the suit vacated ad-interim stay granted earlier.

(6) Thereafter, on 15/4/1987 respondent nos. 2 to 4 filed an appeal under Section 74 of the Act before the Deputy Collector against the order of Mamlatdar and ALT dated 22/6/1971 and the said appeal came to be registered as Appeal No. 104/87. The Deputy Collector, vide order dated 30/12/1987 allowed the appeal and directed the Mamlatdar and ALT to issue notice to all the interested persons and dispose of the case in accordance with law.

(7) aggrieved by the said order dated 30/12/1987 the petitioner filed Revision Application No. TEN. BA 137/88 under Section 76 of the Act before the Gujarat Revenue Tribunal. The respondent no. 8 - Trust also filed a separate Revision Application bearing TEN. BA 127/88 before the Tribunal. As the subject matter of both the Revision Applications was same and the parties were also the same, the Tribunal consolidated both the Revision Applications and passed a common order dated 26/6/1992 confirming the order made by the Deputy