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2023 Supreme(Guj) 740

SUNITA AGARWAL, N. V. ANJARI
Chandrasinh Khumansinh Bakrola – Appellant
Versus
Ibrahim Suleman Narot Since Decd Through Heirs – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Dipen Desai
For the Respondent: Mr K M Antani, Agp, Mr S P Majmudar, Mr Meet D Kakadia

JUDGMENT :

SUNITA AGARWAL, J.

1. We have heard Mr.Dipen Desai, learned counsel appearing for the appellants, Mr.K.M.Antani, learned Assistant Government Pleader for the State respondent and Mr.S.P.Majmudar, learned counsel assisted by Mr.Meet Kakadia, learned counsel appearing for the private respondents.

2. This intra-court appeal is directed against the judgment and order dated 03.08.2021 passed by the learned Single Judge in allowing the writ petition, setting aside the order dated 12.06.2006 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN.B.S. 88 of 1991, consequently restoring the order dated 30.11.1990 passed by the Deputy Collector (Land Reforms), Surat. The appellant No.2 herein claims to be the tenant of the land in question namely land bearing Revenue Survey No.591/7 admeasuring 1-Acre 7-Gunthas, situated in village Kosad, Taluka Choryasi, District Surat, which was initially recorded in the name of Bai Fatima widow of Yusuf Ibrahim Ghanchia, on the basis of a declaration dated 18.11.1974 under Section 32(G) and 32(O) of the Bombay Tenancy and Agricultural Lands Act, 1948 (in short referred to as “the Act 1948”).

3. The brief facts of the case relevant to

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