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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ., D.N. RAY
Chandanji Ravaji Vihol – Appellant
Versus
Deceased Patel Hargovanbhai Chhaganlal, Thro. Heirs – Respondent
JUDGMENT :
SUNITA AGARWAL, CJ.
1. Having heard the learned counsels for the parties and perused the record. This Intra-court appeal is directed against the judgment and order dated 27.11.2006 passed by the learned Single Judge in dismissing the writ petition upholding the order passed by the revenue tribunal on the ground that the Tribunal has not committed any jurisdictional error in exercise of the jurisdiction, which may call for interference by this Court in exercise of the power under Article 226/227 of the Constitution of India.
2. This case presents a chequered history of the purchases of the lands in question namely land bearing Survey Nos. 709, 709/1 and 710, in Village Pilvai, Taluka Vijapur, District Mehsana. The petitioners claimed to have purchased the lands in question vide registered sale deed dated 20.11.1973 from the original landlord after payment of requisite premium for conversion of the land in question from new tenure to old tenure. It is submitted that the respondent No.1, Mr.Hargovanbhai Chhaganlal Patel, claiming to be the tenant of the lands in question filed an application under Sections 70(b), 29, 32G and 32(1)(p) of the Gujarat Tenancy and Agricultural Lan
A tenant’s claim to agricultural land must be supported by substantial evidence; mere assertions without proof do not establish tenancy 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 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 judgment obtained by fraud is a nullity and can be challenged at any time. Fraud and justice cannot coexist, and those approaching the court must do so with clean hands.
The court established that the presumption of tenancy based on survey records must be critically evaluated against all available evidence, and that superficial analysis can lead to manifest injustice....
The main legal point established in the judgment is the restricted nature of the revisional jurisdiction of the Maharashtra Revenue Tribunal (MRT) under Section 76 of the Maharashtra Tenancy and Agri....
The presumption of tenancy under the Maharashtra Tenancy and Agricultural Lands Act requires proof of lawful cultivation on the 'tillers day,' which the petitioner failed to establish.
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.
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