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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Sunita Agarwal, D.N.Ray
Nanalal Kanjibhai Thakkar – Appellant
Versus
Bhikhabhai Ramabhai Dalpatbhai Chauhan – Respondent
ORDER :
SUNITA AGARWAL, C.J.
With the request and consent of the learned counsels appearing for the respective parties, both the appeals are heard together and they are being decided by this common order.
2. Heard the learned counsels for the respective parties and perused the record.
3. This intra-court appeal is directed against the judgment and order dated 17.06.2009 passed by the learned single Judge in a set of writ petitions (two in number) arising out of the common order of the Gujarat Revenue Tribunal dated 25.04.2008.
4. The learned single Judge categorically records that the petitioners claim to have purchased the land-in-question bearing Revenue Survey No. 2034 admeasuring Hec. 0-40-17 situated in the sim of village Bakrol, Taluka and District Anand. The respondents are the heirs of deceased Ramabhai Dalpatbhai Chauhan, who admittedly was held to be a tenant of the land-in-question. It is recorded in the judgment impugned that the petitioners had purchased the lands by different sale deeds executed on various dates between 21.08.1984 and 22.11.1999, after the landlord had allegedly obtained permission for Non-agricultural use and the sub-plotting of the lands-in-question.
5. T
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.
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 main legal point established in the judgment is that the purchase cannot be deemed ineffective unless the Tribunal fails to recover the purchase price from the tenant as arrears of land revenue, ....
The central legal point established in the judgment is the significance of the exemption certificate under Section 88C of the Maharashtra Tenancy and Agricultural Lands Act, 1948, in determining proc....
A tenant’s claim to agricultural land must be supported by substantial evidence; mere assertions without proof do not establish tenancy rights.
Opponent does not cease to be a tenant or in possession of the land simply because he states in the proceedings under section 32G that he was neither a tenant nor in possession of the land in questio....
The rights of a protected tenant under the Hyderabad Tenancy Act cannot be extinguished without fulfilling statutory requirements, and the declaration of protected tenancy is not appealable under Sec....
The central legal point established in the judgment is the mandatory requirement for tenants to send intimation of purchase to the landlord within the prescribed period after the death of the landlad....
The tenant's right to purchase tenanted land is contingent upon timely notification by the landlord of attaining majority, and failure to initiate proceedings within the stipulated period results in ....
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