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2014 Supreme(Guj) 1052

ANANT S.DAVE
Sikandarkha Ahmedkhan Pathan – Appellant
Versus
Sardar Patel University – Respondent


Advocates Appeared:
For the Petitioners:Mr. Jitendra M. Patel, Advocate, Mr. A.J. Patel, Advocate.
For the Respondent:Mr. A.J. Patel, Advocate, Mr. R.A. Patel, Advocate, Ms. Amita Shah, AGP.

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

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