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2017 Supreme(Guj) 291

BELA M.TRIVEDI
RASIKLAL REVASHANKER JANI – Appellant
Versus
KALAJI KESHAJI (SINCE DECEASED) – Respondent


Advocates Appeared:
For the Petitioners: DHIRENDRA MEHTA, SHAIVANG D. MEHTA
For the Respondents: VENUGOPAL PATEL, MITHIL MEHTA FOR SAURABH J. MEHTA

JUDGMENT :

1. The order dated 26.11.1998 (Annexure 'G') passed by the Gujarat Revenue Tribunal in Revision Application TEN B.A. 429/1990 preferred by the respondent No. 1 Kalaji Keshaji against the order dated 16.06.1990 passed by the Collector (Annexure 'F') in the Tenancy Appeal No. 151 of 1988, is under challenge before this Court.

2. The brief facts giving rise to the present petition are that the land bearing Survey No. 341 admeasuring 2 acres 35 gunthas situated at village Udan belonged to one Somji Bhaiji and Revaji Sankaji. The respondent No. 1 Kalaji Keshaji had claimed tenancy rights in respect of the said land, however in the proceedings initiated by the Mamlatdar and ALT under Section 32G of the Bombay Tenancy & Agricultural Lands Act, 1948 (hereinafter referred to as 'the Tenancy Act') being Tenancy Case No. 24/A-B Udan, the said Kalaji Keshaji made a statement on affidavit that he was not willing to purchase the said land. The Mamlatdar and ALT therefore vide the order dated 04.10.1960 held the purchase in respect of the said land along with other lands as ineffective. It appears that thereafter the Additional Mamlatdar initiated the proceedings under Section 32P of the

















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