The Mamlatdar upheld the preliminary objection and dismissed the eviction suit.
The appellant made applications on behalf of minor Ashok Kumar for the eviction of the respondents on the ground that the agricultural land in dispute was bona fide required by the landlord for his personal cultivation.
The tenants raised a preliminary objection to the maintainability of the suit on the ground that the appellant being a transferee of the land from his maternal grandmother was number entitled to maintain the suit as a landlord under Section 31A of the Act, inas much as he had number inherited the property from his ances tors.
On appeal the District Deputy Collector upheld the order of the Mamlatdar.
The High Court by its order dated 12.1.
1976 dismissed the writ petition on the finding that the view taken by the Revenue Courts in upholding the ten ants objection to the maintainability of the eviction suit was companyrect.
The appellant preferred revision application before the Gujarat Revenue Tribunal at Ahmedabad but the same too was dismissed uphold ing the tenants objection.
1972 High Court of Guja rat referred.
The appellant has preferred this appeal against the aforesaid order of the High Court.
From the Judgment and Order dated 12.1.
The appellant thereafter filed a writ petition under Article 227 of the Constitution before the High Court challenging the companyrectness of the view taken by the Revenue Courts.
The appellant pleaded that the land in dispute had been bequeathed to him by his maternal grandmother under a Will and as such he was the landlord of the disputed land entitled to maintain the applications for eviction of the respondents under Section 29 read with Section 3 IA of the Bombay Tenancy and Agricul tural Lands Act 1948 hereinafter referred to as the Act as applicable to the State of Gujarat.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1976 of the Gujarat High Court in Special Civil Application No.
786 of 1976.
Appeal No.
The Judgment of the Court was delivered by SINGH, J. This appeal is directed against the judgment and order of the High Court of Gujarat dismissing the appel lants writ petition made under Article 227 of the Constitu tion of India challenging the validity of the order of the Revenue Courts in dismissing the appellants suit for evic tion of respondents.
873 of 1970.
112/63 decided on 3.3.
Briefly, the facts giving rise to this appeal are the respondents are tenants of agricultural land which had been let out to them by the appellants predecessors in title.
H. Parekh for the Appellant.
Krishan Kumar for the Respondents.
