Gujarat Court December 1996 Judgments

Kanbi Harji Devshi Vs. Kanbi Premji Devshi (Since Decd.) Through His H ...

Court: Gujarat

Reported in: (1997)3GLR2369

S.K. Keshote, J.1. The petitioner filed this petition in which the challenge has been made to the order of the Gujarat Revenue Tribunal, Annexure 'A' dated 4th November, 1982 under which the Tribunal has affirmed the judgment of the Dy. Collector, Bhuj dated 30th June, 1982 dismissing the appeal of the petitioner filed against the judgment and order of the Special Mamlatdar, Bhuj dated 29th March, 1982.2. The short facts of the case are that the respondent Kanbi Premji Devshi has filed a civil suit in the Court of Civil Judge (S.D.), Bhuj for the possession and for permanent injunction to restrain the present petitioner from disturbing his possession of the land comprised in Survey No. 238 of Village Dahisara at Bhuj Taluka of Kutch District. In the suit, the issues were framed by the civil Court, and issue No. 10 is whether the defendant, i.e., the petitioner herein, is the tenant of the suit-wadi. As this issue is required to be decided by the Mamlatdar under Section 125 read with Se...