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2016 Supreme(Guj) 2175

ANANT S.DAVE, A.Y.KOGJE
Heirs of Shanabhai Ghanabhai Baraiya (Since Deceased Thro heirs) – Appellant
Versus
Heirs of Deceased Chunibhai Govindbhai & Karta of HUF – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Nikhil S. Kariel
For the Respondents: Mr. N.K. Majmudar, Ms. Khyati P. Hathi

JUDGMENT :

Anant S. Dave, J.

The appellant has filed this appeal under Clause 15 of the Letters Patent challenging the order dated 08.10.2010 passed in Special Civil Application No.7244 of 2008 whereby the learned Single Judge [Coram : Hon'ble Mr. Justice K.S. Jhaveri] confirmed the order dated 31.12.2007 passed by the Gujarat Revenue Tribunal in Revision Application No. TEN.BA.817/1992.

2. Certain facts recorded about earlier proceedings in para 2 about round of litigations undertaken by the parties are not in dispute, which reads as under:

In the year 1962, proceedings under section 32G of the Bombay Tenancy Act were initiated by the competent authority by registering Tenancy Case No. 371/1962 for the lands bearing Survey No. 1272 admeasuring 2 Acres 29 Gunthas and Survey No. 1542 admeasuring 0.0 Acres 38 Gunthas situated in the sim of Village Changa, Taluka Petlad, District Anand. The competent authority vide order dated 26.11.1962 held that the predecessors of the petitioner and original opponents nos. 2 to 5 are not the tenants of the lands in question. Being aggrieved by the said order, the petitioner preferred Tenancy Appeal No. 179/1982 before the Deputy Collector. The Deputy C






















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