Khodabhai Lakhabhai Chamar Since Decd. … vs Valabhai Trikambhai Through Heirs on 2 April, 2026

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    Gujarat High Court

    Khodabhai Lakhabhai Chamar Since Decd. … vs Valabhai Trikambhai Through Heirs on 2 April, 2026

                                                                                                                        NEUTRAL CITATION
    
    
    
    
                             C/SCA/14134/2011                                       CAV JUDGMENT DATED: 02/04/2026
    
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                                                                         Reserved On      : 26/02/2026
                                                                            Pronounced On : 02/04/2026
    
                                         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                     R/SPECIAL CIVIL APPLICATION NO.                     14134 of 2011
    
    
                           FOR APPROVAL AND SIGNATURE:
    
    
                           HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
    
                           ==========================================================
    
                                      Approved for Reporting                        Yes             No
    
                           ==========================================================
                              KHODABHAI LAKHABHAI CHAMAR SINCE DECD. THROUGH HEIRS &
                                                        ORS.
                                                       Versus
                                     VALABHAI TRIKAMBHAI THROUGH HEIRS & ORS.
                           ==========================================================
                           Appearance:
                           DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
                           for the Petitioner(s) No. 1
                           MR VM DHOTRE(1089) for the Petitioner(s) No.
                           1.1,1.2,1.3,1.4,1.5,1.6,1.7
                           MR. MAYUR V DHOTARE(7019) for the Petitioner(s) No.
                           1.1,1.2,1.3,1.4,1.5,1.6,1.7
                           MR TRILOK J PATEL(658) for the Respondent(s) No.
                           1.1,2.1,2.2,2.3,2.4,2.5,2.6,3.1,3.2,3.3,3.4,3.5,3.6
                           RULE SERVED BY DS for the Respondent(s) No. 4,5
                           ==========================================================
    
                                CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
    
    
                                                               CAV JUDGMENT
    

    1. By way of filing present petition under Articles
    226
    and 227 of the Constitution of India, the
    petitioners have prayed for the following main
    relief:

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    “a) To issue a Writ of Certiorari or any
    other appropriate writ, order or direction
    in the nature of Certiorari quashing and
    setting aside the Judgment and Order dated
    13.06.2011 rendered in Revision Application
    No.TEN/BA/387/96 and passed by the Gujarat
    Revenue Tribunal, Ahmedabad at ANNEXURE-I
    by declaring and holding that the land of
    Block No.539 & 570 which came to be
    purchased by Lakha Trikam from one Kashiben
    Wd/o Popatlal in a proceeding U/s. 32-G of
    the said Act by paying the necessary
    consideration can in no way be treated as
    the land of Joint and common tenancy along
    with the respondents and the land of Survey
    Nos.9/7, 48/3 and 65/2 and Block No. 539 &
    570 are two separate and distinct lands of
    Village Thori-Mubarak.”

    2. The facts of the case of the petitioners can be
    summarized in a nutshell as under:

    2.1. That land bearing Block No. 570, admeasuring
    Acre 12 & 29 Guntha and land bearing Block No. 539,
    admeasuring Acre 10 & 17 Guntha of village Thori
    Mubarak, Taluka: Viramgam, District Ahmedabad was
    running in the name of Ribhabhai Trikambhai and
    Malabhai Trikambhai. The Mamlatdar & ALT, Viramgam
    issued notice to the concerned parties under Section
    84C
    of the Bombay Tenancy and Agricultural Lands Act
    (it shall hereinafter be referred to as the ‘Act’ for
    short). Thereafter, the proceedings came to be
    initiated by the Mamlatdar & ALT, wherein, the
    statements of the father of the petitioner i.e.
    Khodabhai Lakhabhai as well as one Bhanabhai Malabhai

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    i.e. the heir of Malabhai Trikambhai have been
    recorded and after considering their statements as
    well other materials and/or documents including the
    Panchnama, wherein it is specifically stated that the
    possession of the land in question (which has come in
    the share of Ribhabhai Trikambhai and Malabhai
    Trikambhai) is with the Vitthalbhai Ribhabhai (heir
    of Ribhabhai Trikambhai), Bhanabhai Malabhai (heir of
    Malabhai Trikambhai) as well as Bhikhaibhai
    Vitthalbhai (heir of Vitthalbhai Ribhabhai) since
    last so many years, the notice issued under Section
    84C
    of the Act has been withdrawn by the Mamlatdar &
    ALT, Viramgam vide order dated 20.03.1991 by holding
    that considering the statement/reply of Khodabhai
    i.e. the heir of tenant Lakhabhai Trikambhai, the
    breach of the conditions of the Act has not been
    proved. The said order has been taken into revision
    under Section 76(A) of the Act by the Deputy
    Collector, Ahmedabad upon an application preferred by
    Gandabhai Valabhai and Bhanabhai Malabhai (respondent
    Nos. 1 and 3 herein). After appreciating and
    considering the materials available on record, the
    Deputy Collector concerned has jumped to the
    conclusion that the brothers of Lakha Trikam i.e.
    Ribha Trikam and Mala Trikam as well as Ganda Vala
    are also having equal share in the land in question
    and therefore after affording an opportunity of
    hearing and considering and appreciating the
    materials/documents produced by them, fresh decision

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    is required to be taken by the Mamlatdar & ALT. The
    revision, therefore, came to be disposed of by the
    concerned Deputy Collector by remanding the matter
    back to the Mamlatdar & ALT to decide it afresh, vide
    order dated 31.03.1992.

    2.2. Thereafter, the Mamlatdar & ALT, Viramgam
    initiated the proceedings under the provisions of the
    Act and after considering and appreciating the
    materials and documents produced by the respective
    parties, the Mamlatdar & ALT, Viramgam passed an
    order dated 09.07.1992, whereby, the names of
    Gandabhai Valabhai – heir of deceased Vala Trikam –
    heir of deceased Trikam Rupa, Vitthalbhai Ribhabhai –
    heir of deceased Ribha Trikam and Bhanabhai Malabhai

    – heir of deceased Malabhai Trikambhai have been
    inserted in the revenue record as the co-occupiers of
    the land in question as their equal share in the
    property has been proved. Being aggrieved by the
    aforesaid order, the petitioner i.e. Khodabhai
    Lakhabhai Chamar has preferred an appeal under
    Section 74 of the Act before the Deputy Collector,
    Ahmedabad. The said appeal came to be partly allowed
    by the Deputy Collector, Ahmedabad vide order dated
    22.03.1993, whereby, the matter is remanded back to
    the Mamlatdar & ALT for taking fresh decision after
    verifying original record of heirship entry No.1129,
    mutated in the revenue record on 29.10.1948, whereby,
    the names of Ribha Trikam, Mala Trikam, Lakha Trikam

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    and Gandabhai Valabhai have been mutated in the
    revenue record.

    2.3. Thereafter, the Mamlatdar & ALT, Viramgam
    passed order dated 2-3/07/1993, which was assailed
    before the Deputy Collector by preferring revision
    under Section 76A of the Act before the Deputy
    Collector, Ahmedabad. However, as the aforesaid order
    is a non-speaking and cryptic one, the Deputy
    Collector quashed and set aside both the orders dated
    09.07.1992 as well as 2-3/07/1993 passed by the
    Mamlatdar & ALT, Viramgam and remanded the matter
    back to the Mamlatdar & ALT to decide the matter
    afresh.

    2.4. Thereafter, the Mamlatdar & ALT, Viramgam
    has initiated the proceedings and after considering
    and appreciating the materials/documents, passed an
    order dated 04.08.1995, inter alia, observing and
    holding that it is proved that all the persons, whose
    names were ordered to be inserted in the revenue
    record vide order dated 09.07.1992 by the Mamlatdar &
    ALT, Viramgam, are having equal share in the land in
    question. The Mamlatdar & ALT, Viramgam has also
    withdrawn the notice issued under Section 84C of the
    Act. Being aggrieved by the aforesaid order, the
    petitioner herein preferred appeal under Section 74
    of the Act before the Deputy Collector, Ahmedabad.
    However, the said appeal also came to be dismissed by

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    the Deputy Collector vide order dated 20.02.1996.
    Being aggrieved by the said order, the petitioner
    preferred revision before the Gujarat Revenue
    Tribunal. However, the said revision also came to be
    dismissed by the GRT vide order dated 13.06.2011.
    Hence, present petition is preferred.

    3. Learned advocate Mr. Dhotre appearing for the
    petitioners submits that a notice under Section 84C
    of the Act has been issued by the Mamlatdar & ALT,
    Ahmedabad. However, after considering the materials
    and documents available on record, the Mamlatdar &
    ALT withdrew the said notice in view of the fact that
    the father of the petitioner is the tenant of the
    land in question. However, the said order has been
    taken into revision by the Deputy Collector and
    ultimately the said revision came to be disposed of
    by the Deputy Collector by remanding the matter back
    to the Mamlatdar & ALT to decide it afresh in view of
    the fact that the respondents herein are also having
    equal share in the land in question and they are the
    co-occupiers. Thereafter, the Mamlatdar has initiated
    the proceedings and passed the order dated 09.07.1992
    in Tenancy Case No.291 of 1992, whereby, the names of
    Gandabhai Valabhai – heir of deceased Vala Trikam –
    heir of deceased Trikam Rupa, Vitthalbhai Ribhabhai –
    heir of deceased Ribha Trikam and Bhanabhai Malabhai

    – heir of deceased Malabhai Trikambhai have been
    inserted in the revenue record as the co-occupiers of

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    the land in question as the fact of their equal share
    in the subject land has been proved. Learned advocate
    Mr. Dhotre for the petitioners submits that
    petitioners have assailed the said order before the
    Deputy Collector by preferring an appeal. However,
    the Deputy Collector has partly allowed the said
    appeal and remanded the matter back to the Mamlatdar
    & ALT to verify the original record of entry No.1129,
    mutated on 29.10.1948, whereby, the names of other
    brothers of Lakhabhai Trikambhai alleged to have been
    mutated in the revenue record. Learned advocate Mr.
    Dhotre submits that thrice the matter has been
    remanded to the Mamlatdar concerned to decide the
    issue. However, lastly, the Mamlatdar & ALT has
    passed the impugned order dated 04.08.1995, whereby,
    it is held that respondents are also having equal
    share in the subject land and they are the co-
    occupiers of the subject land. He submits that the
    said order of the Mamlatdar & ALT has been carried in
    appeal before the Deputy Collector, Ahmedabad.
    However, the said appeal also came to be dismissed by
    the Deputy Collector. The petitioners, therefore,
    assailed the said order of the Deputy Collector
    before the Gujarat Revenue Tribunal by preferring
    Revision Application No.TEN/BA/387/96. The said
    revision also came to be rejected by the GRT. Hence,
    present petition is preferred by the petitioners.

    4. Learned advocate Mr. Dhotre has read the

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    provisions of Section 84C of the Act and submitted
    that the authorities below have committed grave error
    in expanding the scope and ambit of Section 84C of
    the Act. He submits that Section 84C of the Act
    empowers the Mamlatdar to initiate inquiries into
    invalid land transactions, such as sales to non-
    agriculturists. He submits that the said provision
    nowhere contemplates about holding of an enquiry for
    determining the share of any party in the land which
    is the subject matter under such provision. He
    submits that it is pertinent to note that the notice
    issued under Section 84C of the Act has been
    withdrawn by the Mamlatdar & ALT, Viramgam by holding
    that for the subject land there is no breach and
    Lakhabhai Trikambhai and his heir Khodabhai Lakhabhai
    i.e. the deceased petitioner were the Tenant. Thus,
    when the Mamlatdar & ALT, Viramgam has jumped to the
    conclusion that there is no breach of statutory
    provisions of the Act, there is no further scope for
    the concerned Revenue Authorities to travel beyond
    the provisions of the Statute itself. He submits that
    the revenue authorities are not empowered to hold
    that the other brothers of Lakha Trikam are also
    having equal share in the subject land and the said
    issue is required to be decided by the competent
    Civil Court. Thus, the revenue authorities have
    exceeded their jurisdiction while passing the
    impugned orders and holding that other brothers of
    Lakha Trikam are also having equal share in the

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    subject land and therefore their names are required
    to be inserted in the revenue record as co-occupiers,
    without there being any order from the competent
    Civil Court holding that the other brothers of Lakha
    Trikam are also having equal share in the subject
    land.

    5. Learned advocate Mr. Dhotre further submits that
    the suo motu powers of revision has to be exercised
    within a reasonable time and in catena of decisions
    of Hon’ble Apex Court as well as this Court, it is
    held that the authority concerned has to initiate the
    suo motu proceedings within a period of three years
    in case if the time limit is not prescribed in the
    statute itself. However, in the instant case,
    admittedly, the notice under Section 84C of the Act
    has been issued on 19.06.1990 for alleged
    transfer/acquisition which has taken place on
    01.08.1956 i.e. almost after 33 years. He, therefore,
    submits that only on this ground, the orders impugned
    are required to be quashed and set aside. In support
    of his submission, learned advocate Mr. Dhotre has
    put reliance upon the decisions of Hon’ble Apex Court
    in the case of The State of Gujarat v Patil Raghav
    Natha & Ors
    , reported in (1969) 2 SCC 187 and in the
    case of Mohamad Kavi Mohamad Amin v. Fatmabai
    Ibrahim, reported in (1997) 6 SCC 71 as well as
    decision of Division Bench of this Court in the case
    of Shambhuram Videshiram Morya v. State of Gujarat

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    through Secretary (Appeals) & Ors., reported in 2012
    (1) GLR 665.

    6. Learned advocate Mr. Dhotre further submits that
    if the Hon’ble Court would make cursory glance upon
    the contents of notice issued under Section 84C of
    the Act, in that event, it would have been found out
    that the land bearing Block No.539 was never a part
    of notice. Despite that, the revenue authorities
    concerned had initiated suo motu proceedings qua
    Block No.539 and passed the impugned orders. The said
    view adopted by the revenue authorities is not legal
    and valid and the same is beyond the scope of notice
    issued under Section 84C of the Act. He, therefore,
    submits that the impugned orders are required to be
    quashed and set aside. He further submits that once
    the notice issued under Section 84C of the Act has
    been withdrawn by the concerned revenue authority, it
    is not open for the revenue authority to go into the
    issue of share of other brothers of Lakha Trikam in
    the subject land.

    7. Learned advocate Mr. Dhotre further submits that
    the subject land is purchased by Lakha Trikam –
    father of Khodabhai (deceased petitioner) from one
    Kashiben, widow of Popatlal, in the proceedings
    initiated under Section 32G of the Act by paying
    necessary amount. He submits that in the said
    proceedings, notices came to be issued to Ribha

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    Trikam and his brother Lakha Trikam. However, said
    Ribha Trikam has not raised any objection and
    participated in the proceedings and therefore
    certificate of purchase under Section 32M of the Act
    has been issued in favour of Lakha Trikam. He submits
    that certificate of purchase is the conclusive
    evidence and pursuant to issuance of certificate of
    purchase under Section 32M of the Act, name of Lakha
    Trikam has been mutated in the revenue record and
    none of the brothers of Lakha Trikam have raised any
    objection and/or made any challenge against the
    issuance of certificate of purchase in the name of
    Lakha Trikam or the entry, whereby the name of Lakha
    Trikam has been mutated in the revenue record qua the
    subject land, before the competent forum and
    therefore in the proceedings initiated under Section
    84C
    of the Act, the concerned revenue authorities
    have no jurisdiction to hold that other brothers of
    Lakha Trikam have also equal share in the subject
    land. He submits that in fact before the revenue
    authorities he has already produced all those
    documents which would crystallize the position of
    fact that the price fixed by the revenue authority
    concerned has already been deposited by Lakha Trikam
    through different vouchers before the competent
    authority and thereafter the certificate of purchase
    has been issued under Section 32M of the Act. He
    submits that in fact the said proceedings have been
    initiated by the concerned revenue authority by

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    issuing notices under Section 32G of the Act to Lakha
    Trikam and his brother Ribha Trikam, however, Ribha
    Trikam had not participated in the said proceedings
    and therefore those proceedings have been continued
    against Lakha Trikam only. He submits that land
    bearing Survey Nos. 9/7, 48/3 and 65/2 originally
    belongs to Trikam Rupa and after the sad demise of
    said Trikam Rupa, names of Ribha Trikam, Mala Trikam,
    Lakha Trikam and Ganda Vala have been mutated in the
    revenue record vide entry No.1129 on 29.10.1948,
    whereas, land bearing Survey Nos. 176/1, 175/5 and
    6/2 was originally owned by one Ramjibhai Popatlal
    and after his death on 03.03.1960, name of Kashiben
    Popatlal has been mutated in the revenue record vide
    entry No.1460 and during the lifespan of Ramjibhai
    Popatlal, the said parcels of land have been
    cultivated by Lakha Trikam as a tenant. He submits
    that thus only the land bearing Survey Nos. 9/7, 48/3
    and 65/2 stood in the name of Trikam Rupa, wherein,
    other brothers of Lakha Trikam have their relevant
    share and not in the land bearing Survey Nos. 176/1,
    175/5 and 6/2, which Lakha Trikam had purchased from
    Kashiben Popatlal through certificate of purchase
    issued under Section 32M of the Act. He further
    submits that Block No.539 consists of Survey Nos.9/7
    and 175/5, whereas, Block No.570 consists of Survey
    No.176/1 and 6/2. He further submits that if the
    Hon’ble Court would make cursory glance upon entry
    No.1129, in that event, it would have been found out

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    that only Survey No.9/7 is shown in the said entry
    based upon which the Deputy Collector, Ahmedabad has
    remanded the matter back to the Mamlatdar & ALT at
    the first in point of time by believing that other
    brothers of Lakha Trikam have also equal share in the
    subject land. He, therefore, submits that the other
    brothers of Lakha Trikam are having their respective
    shares only in 2 gunthas of land bearing Survey
    No.9/7 and the said fact is found out from the order
    dated 2-3/07/1993 passed by the Mamlatdar & ALT.
    Learned advocate Mr. Dhotre submits that thus barring
    Survey No.9/7, the survey numbers which are shown in
    entry No.1129 are not part of the subject land i.e.
    land bearing Block Nos. 539 and 570, despite that,
    the revenue authorities concerned have passed the
    impugned orders holding that other brothers of Lakha
    Trikam have also equal share in the subject land. He,
    therefore, submits that in view of the aforesaid
    overall facts of the present case, petition is
    required to be allowed by quashing and setting aside
    the orders impugned.

    8. Per contra, learned advocate Mr. Trilok Patel
    appearing for the private respondents has objected
    present petition with vehemence and submitted that
    the Mamlatdar & ALT, Viramgam had initiated
    proceedings under Section 84C of the Act by issuing
    notice to the petitioner herein. However, the said
    notice has been withdrawn by the Mamlatdar & ALT,

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    Viramgam vide order dated 20.03.1991 by observing
    that considering the reply of Khodabhai – heir of
    Lakhabhai Trikambhai, who is the tenant of land
    bearing Block No.570 of village Thori Mubarak, there
    is no breach of condition of provisions of the Act
    and therefore notice issued under Section 84C is
    ordered to be withdrawn. He submits that vide said
    order, the Mamlatdar has considered Lakha Trikam and
    his heirs to be the teant and therefore being
    aggrieved by the said decision, private respondents
    herein have preferred an appeal before the Deputy
    Collector, Ahmedabad, inter alia, contending that the
    subject land i.e. land bearing Block Nos. 539 and 570
    is of the joint ownership of their forefathers and
    they are jointly cultivating the subject land since
    decades and since then they are the co-occupiers and
    Khodabhai Lakhabhai and Jethabhai Lakhabhai are
    trying to deprive them from their lawful rights in
    the subject land and therefore their names also
    refused to be inserted in the revenue record as co-
    occupiers. He submits that after appreciating and
    considering the overall materials and documents, the
    Deputy Collector has remanded the matter back to the
    Mamlatdar & ALT to decide it afresh by holding that
    the other brothers of Lakha Trikam are also having
    equal share in the subject land. He submits that the
    said fact is fortified from the operative part of the
    order dated 31.03.1992 passed by the Deputy
    Collector, Ahmedabad. He submits that the said order

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    of the Deputy Collector is not challenged by the
    petitioners herein before the higher forum and it
    attains finality. Thus, the observations made by the
    Deputy Collector, Ahmedabad that including Lakha
    Trikam, his other brothers viz. Ribha Trikam, Mala
    Trikam and Ganda Vala are also having equal share in
    the subject land has attained finality and the said
    observations made by the Deputy Collector is not
    challenged by the petitioners herein. He submits that
    only on this ground the petition filed by the
    petitioners is required to be quashed and set aside.

    9. Learned advocate Mr. Patel further submits that
    all the revenue authorities have recorded concurrent
    findings of fact that land bearing Block No.539 (old
    Survey No.175/5) and land bearing Block No.570 (old
    Survey No.176/1) were originally belonging to
    Trikambhai Rupabhai (grand father of petitioners and
    private respondents herein) and after his sad demise,
    all the family members acquired equal share and they
    are cultivating the portion of their respective share
    in the subject land. Thus, the subject land is
    jointly cultivated by the petitioners as well as
    private respondents since last many decades but as
    the private respondents being illiterate and not
    acquainted with the legal procedure, all the family
    members have decided to handover the administration
    of the family to Lakha Trikam and therefore his name
    alone was running in the revenue record as a tenant

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    and certificate of purchase under Section 32M was
    also issued in his name. He has drawn the attention
    of this Court to entry No.1129 posted on 29.10.1948
    and submitted that vide said entry, after the death
    of Trikam Rupa, being the Karta of the joint family
    name of Ribha Trikam has been mutated in the revenue
    record and in the said entry it is specifically
    observed that Ribha Trikam, Mala Trikam, Lakha Trikam
    as well as Ganda Vala are the legal heirs of Trikam
    Rupa and since they are residing in a joint family
    and Ribha Trikam being the administrator of the
    family, his name is required to be mutated as Karta
    of the joint family and therefore being the Karta of
    the joint family, name of Ribha Trikam is mutated.

    10. Learned advocate Mr. Patel has also drawn the
    attention of this Court to entry No.1370 mutated in
    the revenue record on 31.03.1959 and submitted that
    if the Hon’ble Court would make cursory glance upon
    the contents of the said entry, in that event it
    would have been found out that along with Lakha
    Trikam name of Vibha (sic Ribha) Trikam is also shown
    as an ordinary tenant and both Lakha Trikam and Ribha
    Trikam were jointly cultivating the subject land. He
    submits that the petitioners have failed to produce
    any document based on which the name of Ribha Trikam
    has been removed from the revenue record as an
    ordinary tenant.

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    11. Learned advocate Mr. Patel further submits that
    there was joint family and all the brothers were
    jointly cultivating and possessing the subject land
    and therefore merely on the ground that the
    proceedings under Section 32G of the Act has been
    conducted and certificate of purchase under Section
    32M
    of the Act has been issued in favour of Lakha
    Trikam only, it does not mean that Lakha Trikam has
    got exclusive tenancy right by depriving the rights
    of other members of a joint family/tenants. He
    further submits that certificate of purchase under
    Section 32M of the Act is issued in the name of Karta
    of the family. The said certificate was issued in
    favour of Lakha Trikam for and on behalf of the joint
    family. He further submits that it is true that the
    issuance of certificate of purchase under Section 32M
    of the Act is conclusive but it is conclusive qua the
    landlord only and it cannot be said to be conclusive
    qua the coparcener or joint tenants who were not
    parties to the proceedings under Section 32G of the
    Act and such certificate of purchase would put an end
    to any controversy between the landlord and the
    tenant. Learned advocate Mr. Patel has put reliance
    upon the decision of this Court in the case of
    Shankerbhai Kanjibhai v. Dagadubhai Govindbhai,
    reported in 1991(2) GLH 487 and submitted that the
    facts of the present case are squarely covered by the
    aforesaid decision, wherein, the Court observed and
    held that if the certificate of purchase is issued

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    under Section 32M of the Act in the name of Karta of
    Joint Family or elderly person which is a tenant, it
    would not mean that such a person was the sole tenant
    of the land. He submits that when the certificate of
    purchase is issued to the Karta or elderly member of
    the family for and on behalf of the family, other
    members of the family can also claim the benefit of
    such a certificate. He, therefore, submits that all
    the authorities concerned have rightly passed the
    impugned orders which are not required to be
    interfered with by this Court.

    12. Learned advocate Mr. Patel has put reliance upon
    the Government Resolutions dated 15.03.1996 and
    30.10.2002 and submitted that the facts of the
    present case are squarely covered by the aforesaid
    GRs. He submits that in fact in the G.R dated
    15.03.1996, the Collectors of the State are directed
    to mutate the names of all the remaining
    brothers/sisters in the revenue record qua the land
    of new tenure, land given on Santhani and land where
    the provisions of the Act are applicable, upon the
    death of the elder brother whose name is mutated in
    the revenue record qua those categories of land.
    Thus, after the death of Lakha Trikam, in view of the
    aforesaid GR dated 15.03.1996, names of other
    brothers of said Lakha Trikam are required to be
    mutated in the revenue record and therefore the
    authorities concerned have rightly passed the

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    impugned orders, whereby, the names of other brothers
    of Lakha Trikam have been mutated in the revenue
    record as co-occupiers. He submits that the reason
    for issuance of the aforesaid G.R. is that generally
    the name of elder son of the original allottee or
    Karta of the joint family is mutated in the revenue
    record and the names of other heirs of the original
    allottee are not mutated and after the death of elder
    son or Karta of the joint family, the names of his
    legal heirs are mutated in the revenue record,
    depriving the interest of other legal heirs of the
    original allottee and therefore with a sole intent to
    safeguard the interest of other heirs of the original
    allottee, by way of aforesaid GR, the Collectors of
    the State are directed to mutate the names of
    remaining brothers/sisters (the heirs of original
    allottee) of the elder son or Karta of the joint
    family. Thus, keeping in mind the aforesaid GR as
    well as other documents and/or materials coupled with
    the fact that the respondents herein and petitioners
    are co-occupiers and they are jointly cultivating the
    subject land, the revenue authorities concerned have
    rightly passed the orders inserting the names of
    other brothers of Lakha Trikam as co-occupiers.

    13. Learned advocate Mr. Patel further submits that
    the Deputy Collector, while remanding the matter to
    the Mamlatdar & ALT, specifically observed that Entry
    No. 1370 indicates that both Lakha Trikam and Ribha

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    Trikam were joint tenants. However, the proceedings
    under Section 32G of the Act had been initiated
    against Lakha Trikam only, resulting in the omission
    of the names of other rightful persons from the
    revenue record. It was further noted that Ribha
    Trikam was also a tenant of the subject land and that
    Lakha Trikam, Ribha Trikam, Mala Trikam, and Ganda
    Vala were the members of a joint family. Despite
    this, the Mamlatdar & ALT had declared only Lakha
    Trikam as the tenant. The Deputy Collector emphasized
    that the Mamlatdar & ALT ought to have passed the
    order after hearing all the legal heirs of deceased
    Trikambhai Rupabhai, as they were in possession of
    and jointly cultivating the subject land in
    accordance with their respective shares. Pursuant to
    these observations, the Mamlatdar & ALT initiated
    remand proceedings and passed an order dated
    09.07.1992. In the said order, the Mamlatdar & ALT
    has, after considering the materials and documents as
    well as statements/depositions of adjacent land
    owners, specifically held that the legal heirs of
    Trikam Rupa viz. Khoda Vala, Ribha Trikam, Mala
    Trikam and their heirs viz. Ganda Vala, Vitthal Ribha
    and Bhanabhai Malabhai are in possession and
    cultivating the land as per their respective share in
    the subject land since last many years. It is also
    observed in the operative part of the order that
    despite an opportunity of leading the evidence was
    given to the petitioners to prove that Khodabhai

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    Lakhabhai alone is cultivating the subject land, he
    has failed to produce any document to that effect. It
    is also observed by the Mamlatdar & ALT in the said
    order that police complaints have also been filed by
    both the parties against each other for entering in
    to the subject land. Thus, after thoughtful
    consideration, the Mamlatdar & ALT has held that
    other legal heirs of Trikam Rupa i.e. Ribha Trikam,
    Mala Trikam and Vala Trikam are also having equal
    share in the subject land and therefore their names
    are required to be mutated in the revenue record as
    co-occupier and accordingly ordered to insert their
    names as the co-occupier. He submits that the said
    view adopted by the Mamlatdar concerned has been
    upheld by all the revenue authorities. He, therefore,
    submits that when the revenue authorities concerned
    have specifically held that other heirs of Trikam
    Rupa are also having equal share in the subject land
    and only on account of Karta of the HUF, name of
    Lakha Trikam has been mutated in the revenue record.

    14. In reply to the contention raised by learned
    advocate Mr. Dhotre for the petitioners that the
    Revenue Authority is not empowered to decide the
    share of the persons in the proceedings initiated
    under Section 84C of the Act and the said issue is
    required to be decided by the Civil Court concerned,
    learned advocate Mr. Patel submits that the concerned
    revenue authorities have not exceeded their

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    jurisdiction and they have not decided the ownership
    and/or share of the respondents but after considering
    the depositions of neighbours as well as other
    materials and documents, the Mamlatdar & ALT held
    that the other brothers of Lakha Trikam are also
    cultivating the subject land and earlier the names of
    Ribha Trikam and Lakha Trikam were mutated in the
    revenue record as the tenants and the proceedings
    under Section 32G of the Act have been initiated
    against Lakha Trikam and Ribha Trikam and therefore
    the names of other brothers of Lakha Trikam are
    required to be inserted as co-occupiers and
    accordingly their names have been inserted. Thus, as
    per the decision of this Court in the case of
    Shankerbhai Kanjibhai (supra), since the Joint Family
    can be the tenant and since one of the members of the
    Joint Family claims sole and exclusively tenancy
    excluding other coparceners or joint tenants, when
    just claim of joint tenants is sought to be denied by
    the holder of the certificate of purchase, question
    as contemplated u/s 70(b) of the Act would arise. He
    has referred Section 70(b) of the Act and submits
    that the said provision of the Act empowers the
    Mamlatdar to exclusively decide whether a person is a
    tenant or not. Thus, the revenue authorities have not
    exceeded their jurisdiction while passing the
    impugned orders. He further submits that all the
    revenue authorities have recorded concurrent findings
    of fact, wherein, the scope of interference of this

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    Court is very limited. He, therefore, submits that
    looking to the aforesaid overall facts of the present
    case, petition is required to be dismissed.

    15. Learned AGP Mr. Jay Trivedi has also objected
    present petition with vehemence and submitted that
    considering the checkered history of the matter,
    thrice the matter has been remanded by the Deputy
    Collector to the Mamlatdar to consider the issue
    afresh. He submits that all the authorities have
    concurrently held that other persons are also in
    possession and cultivating the subject land since
    last many years and therefore their names are also
    required to be mutated in the revenue record as co-
    occupiers. He submits that the Mamlatdar concerned
    has got exclusive right to decide the issue of
    tenancy. He further submits that it is true that the
    certificate of purchase under Section 32M of the Act
    is conclusive proof. However, he has fairly conceded
    that the certificate of purchase issued under Section
    32M
    of the Act is conclusive qua landlord only and
    not qua other coparceners/joint family members, who
    are in possession and cultivating the subject land
    since last many decades. He has also verified the
    original Record & Proceedings and submitted that he
    is not in a position to find out any document based
    upon which name of Ribha Trikam has been removed from
    the revenue record as one of the tenants. So far as
    the contention of cross utilization of powers by the

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    revenue authorities is concerned, learned AGP Mr.
    Trivedi has fairly conceded that it is true that
    there are so many discrepancies and lapses on the
    part of the concerned revenue authorities in dealing
    with the subject matter but at the same time the fact
    remains that all the revenue authorities, for
    safeguarding the interest of other coparceners, have
    passed the impugned order after thorough
    investigation and based upon the materials/documents
    and considering the checkered history involved in the
    instant matter. He, therefore, submits that when all
    the revenue authorities have concurrently held that
    the names of other persons of family members of Lakha
    Trikam are also required to be inserted in the
    revenue record and that too by keeping open to
    agitate the civil rights of both the parties before
    the competent Civil Court, this Court may not have to
    interfere with those concurrent findings of fact.

    16. Having heard learned advocates appearing for the
    respective parties and having considered the
    materials available on record, it is found out that
    the Mamlatdar & ALT, Viramgam had issued notice under
    Section 84C of the Act to the petitioners and after
    considering the materials and documents available on
    record, the said notice has been withdrawn by holding
    that considering the statement/reply of Khodabhai
    i.e. the heir of tenant Lakhabhai Trikambhai, the
    breach of the conditions of the Act has not been

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    proved. The private respondents herein have assailed
    the said order before the Deputy Collector by
    contending that respondents herein have also equal
    share in the subject land and therefore their names
    may also be inserted in the revenue record and after
    considering and appreciating the materials and
    documents available on record, the Deputy Collector
    remanded the matter back to the Mamlatdar concerned
    by specifically observing that other brothers of
    Lakha Trikam are in possession and jointly
    cultivating the subject land and they are also having
    equal share in the subject land and therefore
    direction is issued to the Mamlatdar to decide the
    matter afresh after hearing the respondents herein as
    well. Thereafter, the Mamlatdar & ALT initiated
    remand proceedings and passed an order dated
    09.07.1992. In the said order, the Mamlatdar & ALT
    has, after considering the materials and documents as
    well as depositions/statements of adjacent land
    owners, specifically held that the legal heirs of
    Trikam Rupa viz. Khoda Vala, Ribha Trikam, Mala
    Trikam and their heirs viz. Ganda Vala, Vitthal Ribha
    and Bhanabhai Malabhai are cultivating their
    respective share of the subject land. It is also
    observed in the order that despite an opportunity of
    leading evidence was given to the petitioners to
    prove that Khodabhai Lakhabhai alone is cultivating
    the subject land, he has failed to produce any
    document to that effect. It is also observed by the

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    Mamlatdar & ALT in the said order that police
    complaints have also been filed by both the parties
    against each other and disputes have been cropped up
    between the parties about entering into the subject
    land. Thereafter, twice the matter has been remanded
    back to the Mamlatdar & ALT, Viramgam and lastly on
    04.08.1995, the Mamlatdar & ALT passed an order
    reiterating the aforesaid fact and holding that other
    brothers of Lakha Trikam are also in possession as
    well as cultivating their respective share of the
    subject land. The said view adopted by the Mamlatdar
    has been confirmed by the Deputy Collector as well as
    Gujarat Revenue Tribunal. Hence, by way of preferring
    present petition, petitioners assailed all the three
    orders passed by the revenue authorities.

    17. It is pertinent to note that it is the case of
    the petitioners that father of deceased petitioner
    viz. Lakhabhai Trikambhai was the original tenant and
    he had purchased the subject land from the original
    owner in the proceedings initiated under Section 32G
    of the Act and therefore certificate of purchase
    under Section 32M of the Act has been issued in the
    name of Lakhabhai Trikambhai alone and since then the
    subject land is of the ownership and in occupation of
    the petitioners only and none of the respondents have
    any lawful right over the subject land, whereas, it
    is the case of the private respondents that the

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    subject land was originally of the ownership of grand
    father of the petitioners as well as respondents i.e.
    Trikambhai Rupabhai and as he was in need of money,
    he sold the land to Ramjibhai Popatlal but the
    possession was already with Ribha Trikam and Lakha
    Trikam and they were jointly cultivating the said
    land and at earlier point of time names of Ribha
    Trikam and Lakha Trikam have been shown as the
    general tenants. It is also the case of the private
    respondents that notice under the provisions of
    Section 32G of the Act has been issued to both Ribha
    Trikam as well as Lakha Trikam but then after the
    proceedings have been initiated against Lakha Trikam
    only and certificate of purchase has been issued in
    the name of Lakha Trikam only because of some family
    arrangement and as per the prevalent practice at that
    relevant point of time. It is also the case of the
    private respondents herein that both the petitioners
    as well as private respondents herein are cultivating
    the subject land jointly and they are in possession
    of their respective share of the subject land since
    last many decades and therefore after recording the
    statements of various witnesses/neighbours and after
    considering and appreciating the documents as well as
    materials available on record, all the revenue
    authorities have held that including the petitioners,
    private respondents herein are also in
    possession/occupation of their respective share in
    the subject land and indulged into the activities of

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    cultivation of the said parcel of land since last
    many years. It is pertinent to note that the
    Mamlatdar & ALT, Viramgam has, vide order dated
    04.08.1995, specifically held that for the disputed
    question of inheritance, the parties have to get the
    order from the competent Civil Court. Thus, it seems
    that the Mamlatdar & ALT, Viramgam passed the
    impugned order, which is confirmed by the Deputy
    Collector as well as GRT, based on the possession and
    cultivation of the land in question by the private
    respondents herein since last many years. It is also
    pertinent to note that while passing the impugned
    order, it was kept open for both the parties to
    agitate their grievance before the competent Civil
    Court for their civil rights. Thus, in the opinion of
    this Court, the revenue authorities have not exceeded
    their jurisdiction, as contended by learned advocate
    Mr. Dhotre for the petitioners.

    18. It is pertinent to note that after considering
    and appreciating the materials, the Mamlatdar and ALT
    has passed the impugned order holding that all the
    persons are in possession and they are cultivating
    their respective share of the subject land and as per
    the provisions of Section 70(b) of the Act, the
    Mamlatdar is empowered to decide as to whether a
    person is, or was at any time in the past, a tenant,
    a protected tenant, or a permanent tenant. Thus, when

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    the Mamlatdar & ALT has passed the impugned order
    specifically holding that private respondents herein
    are also having equal share in the subject land and
    they are in possession and cultivating the said land
    since last many decades and therefore their names are
    required to be inserted in the revenue record and the
    said view is confirmed by all the revenue
    authorities, it is not open for this Court to disturb
    the said finding at this juncture especially when the
    Mamlatdar is competent to decide the question of
    tenancy as well as the fact that while passing the
    impugned order, it is kept open for both the parties
    to agitate their civil rights before the competent
    civil court. It is the case of the petitioners that
    some parcels of land are not part of Block Nos. 570
    and 539 i.e. the subject land and those lands have
    been purchased by the father of the deceased
    petitioner by paying the amount to the landlord in
    the tenancy proceedings, despite that, the
    authorities concerned have inserted the names of
    private respondents by holding that they are having
    equal share in the subject land and subject land has
    been purchased by Lakha Trikam as an administrator of
    the joint family from the fund of the joint family,
    however, the respondents have miserably failed to
    produce any document to show that said fund was
    generated by the family members and supplied to Lakha
    Trikam. As against this, it is the case of the
    respondents that petitioners have also failed to

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    produce any document about the source of income of
    Lakha Trikam from which he had purchased the subject
    land from its original landlord. Thus, when the
    Mamlatdar, who is empowered to decide the question of
    tenancy, has already passed the order after thorough
    inquiry and after verifying the revenue record and
    when the said order is confirmed by the Deputy
    Collector as well as GRT, the scope of interference
    of this Court in the matter of concurrent findings of
    fact recorded by the revenue authorities concerned is
    very limited. Moreover, the Mamlatdar concerned has
    examined Talati-cum-Mantri and thereafter jumped to
    the conclusion that all the old survey numbers of
    subject land have been merged in Block Nos. 570 and

    539. Therefore, it is not possible for this Court to
    believe the argument canvassed by learned advocate
    for the petitioners that certain survey numbers of
    Block Nos. 570 and 539 are not the properties of
    joint family. As observed above, while passing the
    impugned order, it is also kept open for both the
    parties to agitate their civil rights before the
    competent civil Court.

    19. Learned advocate for the petitioners has
    emphatically submitted that the concerned revenue
    authorities have initiated the proceedings belatedly
    i.e. almost after 33 years and therefore as per the
    numerous decisions of Hon’ble Apex Court as well this

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    Court, if the period is not prescribed in the statute
    itself, in that event, the authority concerned has to
    take the action within reasonable period and if any
    action is taken beyond three years from the date of
    the knowledge, it cannot be said to be within the
    reasonable period. In support of his submission,
    learned advocate Mr. Dhotre has put reliance upon
    various decisions. It is pertinent to note that
    initially the notice issued under Section 84C of the
    Act has been withdrawn by the Mamlatdar & ALT by
    holding Lakha Trikam only as a tenant. Therefore,
    being aggrieved by the said order, immediately the
    respondents herein have preferred revision before the
    Deputy Collector. Thus, though the Mamlatdar & ALT
    had initiated the proceeding under Section 84C of the
    Act belatedly after 33 years, vide first order, the
    said proceedings have already been dropped by the
    Mamlatdar & ALT and said view is confirmed by all the
    revenue authorities. Thus, the suo motu proceedings
    initiated at the instance of the Mamlatdar under
    Section 84C of the Act have already been dropped and
    it is only when the first order came to be passed by
    the Mamlatdar & ALT, Viramgam dropping the
    proceedings under Section 84C by holding Lakha Trikam
    only as the tenant, the cause of action has arisen
    for the private respondents herein to challenge the
    said decision
    . It is also pertinent to note that when
    a person in whose favour a certificate of purchase
    under Section 32M of the Act is issued for and on

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    behalf of the family and if he refuses to give the
    benefit of such a certificate to other family
    members, in that event, it is for the Mamlatdar to
    decide the issue under Section 70(b) of the Act as to
    whether other persons are tenant or not. Thus,
    looking to the peculiar facts of the present case,
    the decisions upon which reliance is being placed by
    learned advocate Mr. Dhotre for the petitioners would
    not be of any help to the petitioners.

    20. At this juncture, I would like to rely upon the
    decision of this Court in the case of Shankerbhai
    Kanjibhai
    (supra), wherein, the court observed as
    under:

    “11. Chapter III of the said Act in which
    Section 32 finds its place captioned as
    special rights and privileges of tenant and
    provisions for distribution of land for
    personal cultivation”. Part II of Chapter III
    deals with purchase of lands by tenants.
    Section 32 finds its place in this part. By
    enacting Section 32 Legislature, inter alia
    provided that on the first day of April, 1957
    known as “Tillers’ Day” every tenant shall be
    deemed to have purchased from his landlord
    free of all encumbrances subsisting thereon
    on the said day the land held by him as
    tenant. In order to make effective the deemed
    purchase by the tenant on “Tillers’ Day” the
    Legislature enacted Section 32G prescribing
    the procedure to be followed by Agricultural
    Lands Tribunal. The Tribunal is required to
    publish or cause to be published a public
    notice in the prescribed form in each village
    within its jurisdiction to all the tenants

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    who under Section 32 are deemed to have
    purchased the lands, and to all other persons
    interested therein calling upon such persons
    to appear before if on the specified date.
    The Tribunal is required to record their
    statements in the prescribed manner so as to
    ascertain whether such tenant is or is not
    willing to purchase the lands held by him as
    tenant. If the tenant is willing to purchase
    the land, the Tribunal is required after
    giving opportunity to the tenant and the
    landlord to determine the purchase price of
    such land in accordance with provisions of
    Section 32H. Once the purchase price is fixed
    Section 32K prescribes mode of payment of
    price by the tenant. If such purchase price
    which is fixed is not paid by the permanent
    tenant or sub-tenant it is stipulated that it
    shall be recoverable as arrears of land
    revenue. Section 32M thereafter provides that
    on the deposit of the price either in lumpsum
    or by deposit of last instalment of such
    price the Tribunal shall issue a certificate
    of purchase in the prescribed form to the
    tenant in respect of land. Such certificate
    shall be conclusive evidence of purchase.

    12. From the scheme of the Act it becomes
    clear that on or after the “Tillers’ Day”

    notices are required to be issued to the
    tenant or all persons interested in the land.
    Generally the notice is sent to the person in
    whose name land stands in the village record
    or to the person who is shown to be
    cultivating land. When a joint family is the
    tenant of the land name of Karta or elderly
    person of the family is mentioned as person
    cultivating the land and he receives the
    notice under Section 32G of the said Act. On
    his expressing willingness to purchase the
    land certificate of purchase under Section
    32M
    is also issued in his name since the land
    stands in his name in the revenue record. It

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    would not, therefore, mean that such a person
    was the sole tenant of the land in question
    and the members of the joint family have no
    right because certificate of purchase is
    issued in favour of such person. Since joint
    family can be a tenant and since one of the
    members of joint family claims sole and
    exclusive tenancy excluding other co-partners
    or joint tenants from their right to claim
    the share from such parcels of lands it is
    required to be decided as to whether such
    certificate of sale issued in favour of one
    of the members of the family would for all
    times to come be regarded as conclusive so as
    to deny the just claim of the members of the
    family over the parcels of lands.

    13. The question posed for my consideration
    came to be indirectly considered by the
    learned single Judge of this Court in the
    case of Nanba, Widow of deceased Hemantsingh
    Malubha and Ors. v. Ajitsingh, reported in
    (1976) XVII GLR 975. The learned Judge of
    this Court after referring to the Full Bench
    decision of the Bombay High Court held that
    the question whether a person is tenant or
    not is not limited to the narrower issue
    whether a person is a tenant of a particular
    land. Irrespective of the question whether
    the issue is raised by the landlord or by a
    tenant or a co-tenant or any other person it
    will still be a question whether a person is
    a tenant. Therefore, the question
    contemplated by Section 70(b) of the Bombay
    Tenancy Act is not limited to an issue
    between the landlord and the tenant. It is
    the function of the Mamlatdar to decide
    whether a person is a tenant and when the
    legislature has used that expression there is
    no reason for curtailing its amplitude by
    saying that the issue which the Mamlatdar has
    to decide is only an issue whether a person

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    is a tenant of particular landlord. In the
    case of Rajaram Totdram Patel v. Mahipal
    Mahadu Patel and Ors.
    , the Full Bench of the
    Bombay High Court was called upon to decide
    the identical question. Before the Bombay
    High Court the plaintiff claimed declaration
    that the defendant-his brother was not
    entitled to be declared purchaser tenant and
    that the decision taken behind his back
    without hearing him was null and void He
    further claimed that actually he was in
    possession of the land and that the defendant
    should be restrained from interfering with
    his possession. The defendant, on the other
    hand, claimed that he was the sole tenant of
    the land and that he was rightly declared to
    be the tenant of the land. It was in this
    situation that the question arose as to
    whether the Civil Court has jurisdiction to
    try the suit in view of the provisions of
    Sections 70 and 85 of the said Act, and
    further as to whether question of this nature
    would fall within Section 70 read with
    Section 85 of the said Act.
    Full Bench of
    Bombay High Court after considering various
    decisions of the Bombay High Court and
    decision of the Supreme Court in the case of
    Bhimji v. Dundappa, held that the question
    whether a person is a tenant is not limited
    to narrower issue whether a person is a
    tenant of a particular landlord irrespective
    of the question whether the question is
    raised by the landlord or a tenant or a co-
    tenant or anyother person. It will still be a
    question whether a person is a tenant.
    Therefore, even if dispute exists between a
    tenant and co-tenant the question would fall
    within the ambit of Section 70(b) and the
    same can be tried by Mamlatdar. It is thus
    clear that when two persons claim to be the
    owners of certain tenancy rights as in the
    case before me, it is a question which falls
    within the jurisdiction of Mamlatdar under

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    Section 70(b) to decide whether a person is a
    tenant. Such controversy would arise in case
    where a joint family is the tenant and
    certificate of purchase is issued in favour
    of Karta or elderly member of the family. If
    he denies benefit of such certificate to the
    other members of the family they would come
    forward and claim the tenancy rights. It is
    undoubtedly true that the certificate of
    purchase is issued in favour of Karta or
    elderly member of the family. Still, however,
    question will be whether such certificate of
    purchase was issued to an individual or
    whether it was issued to him for and on
    behalf of joint family so as to ensure for
    the benefit of the members of the family. I
    am therefore of the opinion that issuance of
    certificate of purchase is conclusive as
    against the landlord only it cannot be said
    to be conclusive, vis-a-vis, coparceners or
    joint tenants who were not parties in
    previous proceedings under Section 32G of the
    said Act. Such certificate of purchase would
    put an end to any controversy between the
    landlord and the tenant. However, when it
    transpires that the person to whom the
    certificate of purchase was issued was the
    Karta of the joint family or elderly person
    of the joint family and that the tenants was
    of the joint family, other members of the
    family or co-tenants can claim the benefit of
    very certificate. Such certificate cannot be
    said to be conclusive vis-a-vis joint tenants
    so as to deny their just right to be deemed
    purchaser of the lands in question. In fact,
    when just claim of such joint tenants is
    sought to be denied by the holder of
    certificate of purchase, question
    contemplated by Section 70(b) would
    immediately arise, namely, whether the
    members of joint family are joint tenants
    along with the holder of certificate of
    purchase. Such a question necessarily falls

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    within the ambit of Section 70(b) and as held
    by the learned Judge of this Court in the
    case of Nanba Widow of deceased Hemantsingh
    Maluhha and Ors. v. Ajitsingh, (supra) and
    the Full Bench of the Bombay High Court in
    the case of Rajaram Totaram Patel v. Mahipal
    Mahadu Patel and Ors.
    , (supra) it shall have
    to be tried by Mamlatdar under Section 70(b)
    of the said Act.

    14. In the case of Mohmadkhan Jamiyalkhan v.
    Dadamiya Mohamadmiya, , the learned single
    Judge of this Court held that under Section
    70(b)
    read with Section 85A of the said Act
    whether a person is a tenant or not is a
    question that falls within the jurisdiction
    of Mamlatdar. Even a plea raised by the
    defendant that he is a tenant in a proceeding
    for possession of land from him excludes the
    jurisdiction even if competent Civil Court
    which is otherwise competent to decide the
    suit. The Court, therefore, held that even a
    competent Civil Court must refer the issued
    under Section 70 of the Tenancy Act to
    Mamlatdar. That was the case where the
    question arose in a proceeding under Section
    84
    of the said Act instituted by the landlord
    for summary eviction of the tenant. The
    brother of the tenant surrendered the parcels
    of land and such surrender was verified by
    the order of Mamlatdar under Section 15(2) of
    the said Act. Petitioner however was found to
    be in possession of the land. The landlord,
    therefore, filed application under Section 84
    for getting possession of the land from the
    petitioner on the ground that lie was a
    trespasser. Petitioner raised question that
    in fact he was the tenant of the said land
    and the question arose as to whether this
    question could have been raised before the
    Prant Officer under Section 84 or whether he
    was required to refer the question to

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    Mamlatdar and ALT. The learned single Judge
    of this Court relying upon the decision of
    the Division Bench of Bombay High Court held
    that in an application under Section 84 if
    the question was raised whether a person
    concerned was a tenant or not of the land in
    question it is only the Mamlatdar under
    Section 70(b) who can decide the question
    whether a person is a tenant or not and the
    Prant Officer dealing with application under
    Section 84 must direct the party concerned to
    apply to the Mamlatdar and obtain decision
    from him whether a person concerned was
    tenant or not. Prant Officer under Section 84
    has no jurisdiction to decide whether a
    person concerned was tenant of land in
    dispute. In fact, when such a question is
    raised the Prant Officer is required to stay
    his hands so far as the proceedings under
    Section 84 was concerned and he should ask
    the party concerned to approach Mamlatdar
    under Section 70(b) for an appropriate
    decision on the question of tenancy. I am,
    therefore, of the opinion that where in
    proceedings under Section 84 of the Act a
    question is raised by the person in
    possession of the land that he is also the
    tenant of the land or that he is the joint
    tenant of the land and when such a statement
    is doubled by the applicant who claims to be
    the sole tenant of the land, the dispute is
    between joint tenants and such dispute can
    only be decided by the Mamlatdar & ALT under
    Section 70(b). The certificate of purchase
    issued in favour of a person whose name
    appeared in the revenue record would not be
    conclusive vis-a-vis joint tenants whose
    tenancy rights he seeks to negate on the
    strength of certificate of purchase. It is
    conclusive vis-a-vis the landlord only. The
    members of the joint family cannot be denied
    their just right simply because the
    certificate of purchase was issued in favour

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    of Karta of joint family or the elderly
    person of joint family. The very fact that
    the application for eviction of such joint
    tenants was required to be filed under
    Section 84 of the Act justifies the inference
    that such persons were in possession and
    continued to remain in possession as joint
    tenants. Therefore when in proceeding under
    Section 84 such persons claim to be the joint
    tenants, being the members of the joint
    family the question raised by them is as to
    whether they are joint tenants of the parcels
    of lands along with the persons in whose
    favour certificate of purchase under Section
    32M
    is issued and such a question is one
    which can be tried by Mamlatdar under Section
    70(b)
    of the said Act read with Section 85A
    of the said Act. I am, therefore, of the
    opinion that the Dy. Collector, Vyara was
    fully justified in staying the proceedings
    before him and in directing the present
    respondents to move the Mamlatdar under
    Section 70(b) of the said Act. In fact,
    proceedings under Section 70(b) have already
    been concluded in favour of present
    respondents. I, therefore, do not find any
    substance in the first submission of Mr.
    Shelat and it must therefore fail.”

    21. Thus, from the aforesaid observations, it
    transpires that if the certificate of purchase is
    issued under Section 32M of the Act in the name of
    Karta or elderly person of a joint family in whose
    name land stands, it would not mean that such a
    person is the sole tenant of the land. The
    certificate of purchase is issued to the Karta of the
    family for and on behalf of the family and therefore
    other members of the family can also claim the

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    benefit of such a certificate. Moreover, attention of
    this Court is also drawn to a G.R dated 15.03.1996,
    whereby, the Collectors of the State are directed to
    mutate the names of all the remaining
    brothers/sisters in the revenue record for the land
    of a new tenure, land given on Santhani and land
    where the provisions of the Act are applicable, upon
    the death of the elder brother whose name is mutated
    in the revenue record qua those categories of land.
    The object and reason for issuance of the aforesaid
    G.R. is that generally on sad demise of the original
    allottee or Karta of a Joint Family, the name of his
    elder son is mutated in the revenue record and the
    names of other heirs of the original allottee are not
    mutated and after the death of elder son or Karta of
    the joint family, the names of his legal heirs are
    mutated in the revenue record, depriving the interest
    of other legal heirs of the original allottee and
    therefore with a sole intent to safeguard the
    interest of other heirs of the original allottee, by
    way of aforesaid GR, the Collectors of the State are
    directed to mutate the names of remaining
    brothers/sisters (the heirs of original allottee) of
    the elder son or Karta of the joint family. Moreover,
    it is also found out from entry No.1129 mutated on
    29.10.1948 that after the death of Trikam Rupa, being
    the Karta of the joint family, name of Ribha Trikam
    is mutated in the revenue record and in the said
    entry it is specifically observed that Ribha Trikam,

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    Mala Trikam, Lakha Trikam as well as Ganda Vala are
    the legal heirs of Trikam Rupa and since they are
    residing in a joint family and Ribha Trikam being the
    administrator of the family, his name is required to
    be mutated as Karta of the joint family and therefore
    name of Ribha Trikam is mutated as Karta of the joint
    family. I have also gone through entry No.1370
    mutated in the revenue record on 31.03.1959 from
    which it transpires that along with Lakha Trikam,
    name of Vibha (sic Ribha) Trikam is also shown as
    ordinary tenant and both Lakha Trikam and Ribha
    Trikam were jointly cultivating the subject land. It
    is also pertinent to note that during the course of
    hearing of this petition, direction came to be issued
    to learned advocate for the petitioners as well as
    learned AGP to produce the documents based on which
    the name of Ribha Trikam has been removed from the
    revenue record as an ordinary tenant. However,
    petitioners as well as learned AGP have failed to do
    so. I have also gone through the reasoning recorded
    by the Mamlatdar & ALT while passing the impugned
    order, which is confirmed by the Deputy Collector as
    well as GRT, and I am of the opinion that while
    keeping it open for both the parties to agitate their
    grievance before the competent Civil Court as regards
    their civil rights, the concerned revenue authority
    has not committed any error which warrants any
    interference at the hands of this Court.

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    22. It is also pertinent to note that there are so
    many discrepancies and procedural lapses on the part
    of the revenue authorities concerned in conducting
    the subject matter but considering the following
    aspects, I am not inclined to entertain this
    petition.

    i. That all the authorities have, after
    appreciating and considering the materials
    including the statements of neighbours,
    specifically held that the other members of
    the joint family are also in possession and
    occupation of the subject land and they are
    cultivating their respective share of the
    subject land since last many years and
    therefore their names are required to be
    inserted as co-occupiers and while passing the
    order, it is specifically observed by the
    Mamlatdar & ALT, Viramgam that it is open for
    both the parties to agitate their grievance
    before the competent civil court for their
    civil rights.

    ii. Initially, the notices under Section 32G
    of the Act have been issued to Ribha Trikam as
    well as Lakha Trikam but thereafter name of
    Ribha Trikam has been removed and certificate
    of purchase has been issued only in the name

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    of Lakha Trikam and learned advocate for the
    petitioners as well as learned AGP have failed
    to give any explanation and/or produce any
    document as to why the name of Ribha Trikam
    has been removed from the revenue record.

    Iii. The name of Ribha Trikam along with Lakha
    Trikam was also reflected in the revenue
    record as tenant of the original landlord.
    However, thereafter the name of Ribha Trikam
    has been removed from the revenue record and
    petitioner has failed to produce any cogent
    and reliable evidence on record showing the
    plausible reason why the name of Ribha Trikam
    has been removed from the revenue record as a
    tenant.

    iv. Looking to the G.R dated 15.03.1996 as
    well as the decision of this Court in the case
    of Shankerbhai Kanjibhai (supra), I am of the
    considered view that the rights of other
    members of a joint family are required to be
    safeguarded and by doing so, the revenue
    authorities have not committed any error,
    which requires any interference at the hands
    of this Court.

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    v. There are so many other issues which are
    required to be decided by the competent Civil
    Court by appreciating oral as well as
    documentary evidence and while passing the
    impugned order, the said aspect has been taken
    care of by the concerned revenue authority.

    23. In view of the aforesaid discussion, the
    petition is required to be dismissed. Accordingly, it
    is dismissed. Rule discharged.

    (DIVYESH A. JOSHI,J)
    LAVKUMAR J JANI

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