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NIRZAR S. DESAI
Sipai Gedalmiya Alladin – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of this petition, the petitioners are challenging the legality and validity of the order dated 28.3.2017 passed by the learned Special Secretary, Revenue Department (Appeals) in Revision Application No.HKP/MSN/54/2016.
2. With the consent of the parties, the matter is taken up for final disposal today itself. Hence, Rule. Ms. Nirali Sarda, learned Assistant Government Pleader waives service of rule on behalf of respondent Nos.1 to 4 and learned advocate Mr. Jay R. Shah waives service of rule on behalf of respondent Nos.5.1 to 5.3.
3. It is the case of the petitioners that land bearing Block No.489/2 admeasuring 00 - 36 - 42 Hectare - RA - Sq. Mts. situated at Mouje Ladol, Tal. Vijapur was originally owned by Bai Hira Mulshankar. The father of the petitioners late Gedalmiya Alladin was the tenant in respect of the disputed land in question on tillers day. Since the owner of the land was a widow, as per Section 32 F of the Tenancy Act, sale in favour of the father of the petitioner was postponed and entry to that effect was mutated vide Entry No.5186 in the revenue record.
3.1 Upon death of Gedalmiya, brother of the petitioners, namely, Ibrahim was holding the la
The court affirmed that previous decrees extinguished the appellants' tenancy rights, and their subsequent claims constituted an abuse of legal process.
Aspect cannot be said to be barred by the principle of resjudicata more particularly when the revenue record was clearly indicating otherwise than what was held by the Magistrate in previous round of....
Tenancy rights cannot be terminated without due process under the Tenancy Act, and any mutation affecting such rights must follow proper notice procedures.
The court affirmed that the protected tenant's rights under the Tenancy Act cannot be overridden by private agreements or settlements that do not comply with statutory requirements.
The lack of clear title in claims for property mutation must be resolved through proper legal channels, not via writ petitions.
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