JUDGMENT :

R.M. Doshit, J.

This Appeal preferred under Clause 15 of the Letters Patent arises from the judgment and order dated 16th September, 2005 passed in the above Special Civil Application No.14760 of 2005.

2. The matter at dispute is the land Survey No.2663 admeasuring 1 Acre, 23 Gunthas situated at Jambusar (hereinafter referred to as "the Land"). The appellants-writ petitioners are the heirs and legal representatives of Bai Johra Jafar Fajal, owner of the Land. The respondents no.3 to 6 are successors of one Hussain Beg Mirza, the tenant in the Land. In the proceeding initiated under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Tenancy Act'), by order dated 24th March, 1963, made by the Mamlatdar and Agricultural Lands Tribunal, the said Hussain Beg was held to be the purchaser of the Land. The price of the Land was determined to be Rs. 2400/-. The said Hussain Beg was required to pay the said sum of Rs. 2400/- in four instalments of Rs. 600/- each. It appears that the said sale had not been effected i.e. the said Hussain Beg did not pay the purchase price until the year 1970. It should be noted here that the aforesaid or