J.M. SHETH, J.:- This revision petition raises an interesting question, as to whether the acquiring body for whose benefit the land which is proposed to be acquired under the Land Acquisition Act, 1894 (which will be hereinafter referred to as "the Act"), is a necessary or a proper party in a suit filed by a person interested in the land challenging the validity of the acquisition proceedings started by the Government. The trial Court has held in Special Civil Suit No. 43 of 1971, in which this question arose for decision, against the Mahuva Municipality, the acquiring body (petitioner). The petitioner-municipality has, therefore, come in revision against that order, dated 8th July, 1971, passed by the learned Civil Judge, Senior Division, Bhavnagar, in that suit below Ex. 14.

2. The learned Chief Justice who issued 'rule', has ordered this revision petition to be heard by a Division Bench as two single Judges of this Court in two different revision petitions have taken different views.

3. Mr. R. A. Mehta, appearing for Mr. K. G. Vakharia, for the petitioner, has urged that the acquisition proceedings in question were started at the instance of the petitioner-municipality. I