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SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Jitendrabhai Muljibhai Dalwadi, S/o. Murjibhai Maturji Dalwadi – Appellant
Versus
Chhatrasinh Pratapsinh Vaghela Since Decd. Through Heirs – Respondent
JUDGMENT :
(Sunita Agarwal, CJ.)
The instant appeal has arisen out of the judgment and order dated 04.04.2011 passed by the learned single Judge in dismissing the writ petition upholding the order passed by the Mamlatdar & ALT dated 08.07.1997 in Tenancy Case No. 87 of 1996 as also the order passed by the Deputy Collector (LR), Appeals, Vadodara dated 19.12.2003 passed in Tenancy Appeal No. 73 of 2001 and the order passed by the Gujarat Revenue Tribunal (GRT) dated 20.01.2004 in the Revision Application No. 188 of 2004, subject matter of challenge in the instant appeal.
2. The facts noted by the learned single Judge discerned from the record, are that the land bearing Survey No. 816 situated at Gorva, Vadodara, subject matter of consideration in the original writ petition, was mutated in the name of Kushaldas Fulabhai vide Mutation Entry No. 514 dated 01.09.1954 after partition in the year 1954. The name of one Chhatrasinh Pratapsinh was entered in the revenue records as a “protected tenant” being in occupation of the land-in-question vide Revenue Entry No. 588/38. It seems that vide registered sale deed dated 6.7.1955, the land-in-question was sold by the original landlord, namely K
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 court affirmed that previous decrees extinguished the appellants' tenancy rights, and their subsequent claims constituted an abuse of legal process.
The court upheld the Tribunal's decision affirming tenant rights based on longstanding possession and admissions, indicating the strength of historical claims in tenancy disputes under the Tenancy Ac....
A tenant’s claim to agricultural land must be supported by substantial evidence; mere assertions without proof do not establish tenancy rights.
Tenancy rights cannot be terminated without due process under the Tenancy Act, and any mutation affecting such rights must follow proper notice procedures.
The tenant was deemed a purchaser of the land under the Tenancy Act as of 1.4.1957, invalidating the landlord's later claims to ownership and asserting the tenant's rights.
Continuance of unrecorded tenancy established due to failure of original tenants to validate their surrender of tenancy, reinforcing tenancy rights under the applicable laws.
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