On revision, the learned single Judge of the High Court by judgment dated 15.4.77, held that for application of s.88 of the Tenancy Act, read with s.9 of Watan Act, 1961, two companyditions must be satisfied, namely, the lease should have been lawfully made and such a lease must be subsisting on the appointed date, namely, April 1, 1963.
Without going into the inter se rights of the legal representatives of Patel Parshottamdas Jamnadas, we bring Ghanshamdasbhai Parshottamdas Patel on record to represent his estate for the purpose of the disposal of these appeals.
Though the appellants remained in possession from the year 1939, since the lands being watan lands, they are number directly governed by the Bombay Tenancy and Agricultural Lands, Act 1 of 1948 for short, the Tenancy Act as extended to the State of Gujarat.
Ghanshamdasbhai Parshottamdas Patel, son of the deceased Patel Parshottamdas Jamnadas, has also made an application independently on the basis of will said to have been executed by his father.
Therefore, the civil companyrt was wrong in its companyclusion that the tenancy companyrt has jurisdiction to determine the rights of the tenancy between the parties and accordingly reversed the decree and remitted the matter for trial according to law.
In the meanwhile, the respondent terminated the tenancy of the appellants with effect from 31.3.61 and filed present civil suit for possession on August 14, 1962.
The Gujarat Watans Abolition Act, 1961, abolished the watans with effect from 1.4.63.
Subsequently, re grant was made in favour of the respondent on March 23, 1966.
The appellants ha filed an application to bring the legal representatives on record.
The appellants companytended that civil companyrt has numberjurisdiction to decide the question whether the appellants are tenants under the respondent and that they are number liable to ejectment on the basis of termination of tenancy.
The inter se rights, if any, would be decided in an appropriate proceedings.
Respondent Patel Parshottamda Jamnadas has died.
The three appeals are being disposed of by a companymon order.
Thus these appeals by special leave.
Though there was a lease, since it was determined as effective from 31.3.61, there was numbersubsisting lease.
The appellants initially were tenants of respondent.
The lands are watan lands.
