JUDGMENT :

Anant S. Dave, J.

Special Civil Application Nos. 18106 of 2011 and 17409 of 2011 are filed by the legal heirs of the tenant, late Shri Ahmedkhan Pathan, who was cultivating land bearing Survey No.2095, admeasuring 3 acre and 6 gunthas situated in the sim of village Bakrol, Taluka & District: Anand, since 1950-51. One Shankarbhai Gokalbhai Bin Dwarkadas was the owner of the land and the name of late Shri Ahmedkhan Pathan was shown as tenant in the revenue record from the year 1950-1951 to 1964-1965. By virtue of Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948 [for short 'Tenancy Act'], the tenant, late Shri Ahmedkhan, became 'deemed purchaser' of the land with effect from 1.4.1957, which is otherwise called as 'the tillers' day'.

2. In view of the above, the case of the petitioners is that interest of the landlord or any other person claimed through the landlord got extinguished and relationship between the tenant and the State Government came into existence.

3. It is also the case of the petitioners that, by virtue of the proceedings initiated under Section 32G of the Tenancy Act, purchase price of the said land was fixed and a certificate under Section 32M of the Tenancy Act was issued and the proceedings under the Tenancy Act are pending before the Gujarat Revenue Tribunal being Revision Application No.TEN. BA. 436 of 1998. Further, Special Civil Application No.8141 of 2004 filed by Sardar Patel University, the respondent herein, challenging the order dated 15.12.2003 passed by the State Government in a proceeding under Section 32P(2)[c] of the Tenancy Act is pending before this Court, which is ordered to be taken for hearing along with these two petitions. It is the further case of the petitioners that, in view of Sections 85 and 85A of the Tenancy Act, there is bar of jurisdiction of the Civil Court to settle, decide or deal with any question which is by or under the Tenancy Act required to be settled, decided or dealt with by the Mamlatdar or Tribunal and the suits involving issues required to be decided under the Tenancy Act as per the newly inserted Section 85A whereby the Civil Court shall have to stay the suit and refer such issues, namely, issues pertaining to the suit instituted, whether before or after the specified date, i.e. 3.3.1973, which involves any issues which are required to be settled, decided or dealt with by the authority competent to settle, decide or deal with such issues under the Tenancy Act, to such competent authority for determination.

4. In the context of the aforesaid facts, Special Civil Application No.18106 of 2011 arises out of rejection of application Exh.134 filed by the present petitioners, defendants therein, by the learned Civil Judge (S.D.), Anand, vide order dated 8.9.2011, in Special Civil Suit No.69 of 1994, to refer the dispute about 'tenancy' raised by the defendants to Mamlatdar in view of sections 85 and 85A of the Tenancy Act.

5. Special Civil Application No.17409 of 2011 challenges legality and validity of the order dated 27.7.2011 passed by the learned Civil Judge (S.D.), Anand, allowing application Exh.140 in Special Civil Suit No.69 of 1994 filed by the respondent to proceed with Special Civil Suit No.69 of 1994.

6. Challenge in Special Civil Application No. 8141 of 2004 filed by Sardar Patel University through its Registrar, is to the order dated 13.12.2003 received on 31.5.2004, passed by the Secretary, Revenue (Appeal), Gujarat State, whereby, the case is remanded to the Mamlatdar and Agricultural Lands Tribunal, Anand, by issuing certain directions.

7. It is the case of the petitioner, Sardar Patel University, that the University wanted to expand its educational, cultural and allied activities, hence, the University purchased the subject land from the original owners, respondent Nos. 4 to 19 herein, by paying a total consideration of Rs. 45,000/by a registered sale deed dated 9.1.1970 and, on the basis of the said sale deed, the subject land was mut