Gujarat High Court
Nanalal Kanjibhai Thakkar vs Bhikhabhai Ramabhai Dalpatbhai ... on 16 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/1651/2009 ORDER DATED: 16/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1651 of 2009
In R/SPECIAL CIVIL APPLICATION NO. 13192 of 2008
With
R/LETTERS PATENT APPEAL NO. 1652 of 2009
In
R/SPECIAL CIVIL APPLICATION NO. 13559 of 2008
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NANALAL KANJIBHAI THAKKAR & ORS.
Versus
BHIKHABHAI RAMABHAI DALPATBHAI CHAUHAN & ORS.
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Appearance(in both the LPAs):
MR DAKSHESH MEHTA(2430) for the Appellant(s) No. 1,2,3,4,5,6
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Respondent(s) No. 2,4
MR DIPAN DESAI(2481) for the Respondent(s) No. 2.3,2.4,4.1,4.2,4.3
SHARDUL AMARCHAND MANGALDAS AND CO(8426) for the
Respondent(s) No. 1,2.1,2.2,3,5
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 16/07/2025
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) With the request and consent of the learned counsels appearing for the respective parties, both the appeals are heard together and they are being decided by this common order.
2. Heard the learned counsels for the respective parties and perused the record.
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3. This intra-court appeal is directed against the judgment and order dated 17.06.2009 passed by the learned single Judge in a set of writ petitions (two in number) arising out of the common order of the Gujarat Revenue Tribunal dated 25.04.2008.
4. The learned single Judge categorically records that the petitioners claim to have purchased the land-in-question bearing Revenue Survey No. 2034 admeasuring Hec. 0-40-17 situated in the sim of village Bakrol, Taluka and District Anand. The respondents are the heirs of deceased Ramabhai Dalpatbhai Chauhan, who admittedly was held to be a tenant of the land-in-question. It is recorded in the judgment impugned that the petitioners had purchased the lands by different sale deeds executed on various dates between 21.08.1984 and 22.11.1999, after the landlord had allegedly obtained permission for Non-agricultural use and the sub- plotting of the lands-in-question.
5. The claim of the petitioners before the writ court was that the possession of the land-in-question was handed over voluntarily by the original tenant to the original landlord as per the Mamlatdar's order dated 10.03.1965. The District Page 2 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined Development Officer, Kheda granted NA permission to Dhirubhai Chotalal Patel, son of the original landlord on 09.08.1984. The heirs of the original tenant namely Ramanbhai Dalpatbhai Chauhan challenged the said order dated 09.08.1984 by filling Revision Application No. 3 of 2003 before the Chief Secretary (Appeals), Ahmedabd, which was dismissed vide order dated 12.03.2004 on the ground of delay, having been filed after a period of 19 years.
6. The contention in the writ petition was that the land-in- question was divided into six plots and the petitioners had purchased after grant of NA permission. In the meantime, heirs of original tenant namely, Ramanbhai Dalpatbhai Chauhan filed a Tenancy Appeal No. 113 of 1992 on 05.02.1992 against Dhirubhai, the heir of deceased Chotubhai, the original landlord, challenging the order dated 10.03.1965 passed by the Mamlatdar after a period of 27 years. The contention was that though the names of the petitioner Nos. 1 to 6/purchasers were shown as owners of the land-in-question in the revenue records, but they were not made party in the said Tenancy Appeal. No notice was served upon the land- owner namely Dhirubhai. The appeal was decided in the absence of the landlord vide order dated 11.07.1994 by the Page 3 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined Deputy Collector who had allowed the same cancelling the order dated 10.03.1965 passed by the Mamlatdar and remanded the case for fresh consideration to decide the sale price of the land-in-question.
7. The contention is that the petitioner Nos. 1 to 6 and the landlord namely Dhirubhai Patel challenged the order dated 11.07.1994 by filling Revision Application No. 580 of 1996 before the Gujarat Revenue Tribunal. In the meantime, the Mamlatdar took up the remand proceedings of the tenancy case by registering a new case No. 735/1994, where again the petitioners were not joined as parties. In the remand proceedings, the purchase price of the land-in-question was determined as Rs. 2200.56 giving directions to the heirs of the original tenant to pay the purchase price within one year in one installment and declared the land-in-question as a new tenure land under Section 43 of the Act vide order dated 24.01.1996.
8. The petitioner Nos. 1 to 6 and the landlord namely Dhirubhai filed Tenancy Appeal No. 221 of 1996 before the Deputy Collector challenging the order of Mamlatdar, ALT dated 24.01.1996. The heirs of the original tenant also filed Page 4 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined the Tenancy Appeal No. 168 of 1996 before the Deputy Collector challenging the order of the Mamlatdar dated 24.01.1996 to a limited extent of the decision that the land-in- question would be treated as a new tenure land under Section 43 of the Tenancy Act. Both the appeals were heard together and rejected by the Deputy Collector vide common order dated 30.03.1998. Two separate Revision Application Nos. 469 of 1998 and Revision Application No. 580 of 1998 were filed against the common order dated 24.01.1996, which was dismissed vide common order dated 25.04.2008 passed by the GRT. The writ petition, out of which the present LPA arises, is thus, directed against the order passed by the GRT dated 25.04.2008.
9. It was argued by the learned counsel for the appellants/original petitioners, who are the purchasers of the lands-in-question vide sale deeds executed between the year 1984-1991, that the landlord namely Dhirubhai had filed a Tenancy Appeal No. 1439 of 1963 challenging the order dated 14.05.1962 determining the purchase price of the land-in- question to be paid by the tenant, which was allowed vide order dated 09.11.1964 by the Deputy Collector. When the matter was remanded back to the Mamlatdar for conducting Page 5 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined the proceedings afresh, the order dated 10.03.1965 was passed by the Mamlatdar under Section 32G of the Tenancy Act recording therein that the original tenant was ready and willing to handover the possession of the land-in-question to the landlord and that the landlord was aggreable to refund the purchase price partly paid by the tenant. The submission is that with the order dated 10.06.1965 which was passed recording the consent of the original tenant, the inquiry under Section 32G was closed. The original tenant did not challenge the said order for a long time and after his death, his heirs filed the Tenancy Appeal No. 113 of 1992 on 05.02.1992 against the order dated 10.03.1965. The Deputy Collector (Dispute) Ahmedabad has illegally allowed the Tenancy Appeal No. 113 of 1992 setting aside the order dated 10.03.1965 remanding the matter back to the Mamlatdar to decide the purchase price of the land-in-question vide order dated 11.07.1994, ignoring the consent of the original tenant.
10. It is the case of the appellants/original petitioners that based on an illegal order dated 11.07.1994 passed by the Deputy Collector allowing the appeal after a period of about 29 years, the purchase price of the land-in-question has been determined by the Mamlatdar only in the year 1996. The Page 6 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined submission is that, in the meantime, the landlord namely Dhirubhai had executed a rent agreement dated 03.08.1967 for setting up bricks kiln for a period of three years with respect to the land-in-question. The registered sale deeds were executed by the landlord after division of the land-in- question into six plots in favour of the six petitioners/appellants herein between the years 1984 and 1991. The contention is that once the possession of the land- in-question was handed over to the landlord in terms of the order dated 10.03.1965 and the landlord had dealt with the land-in-question, the rights of the petitioners, who are the purchasers of the land-in-question between the year 1984 and 1992 stood crystalised. Subsequent proceedings conducted in the Tenancy Appeal No. 113 of 1992 resulting into passing of the order dated 11.07.1994 setting aside the order dated 10.03.1965 and the further orders passed by the Mamlatdar determining purchase price and the GRT rejecting the Revision filed by the petitioners are, thus, liable to set aside.
11. The main thrust of argument of the learned counsel for the original appellants/petitioners is based on the order dated 10.03.1965 passed by the Mamlatdar in Tenancy Case No. 1439 under Section 32G after remand of the matter under the Page 7 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined order dated 09.11.1964 passed by the Deputy Collector. It is further sought to be submitted by the learned counsel for the appellants that the heirs of the original tenant/respondents herein are not in a position to establish that the tenant had purchased the land-in-question by paying the full purchase price as determined under Section 32G of the Tenancy Act and the alleged certificate under Section 32M in favour of the original tenant could not be produced before this Court. The submission is that in a proceeding drawn before the Apex Court on a challenge to the order of dismissal of the present LPA on the ground of maintainability, even the Apex Court has observed that the High Court will have to examine the certificate issued under Section 32M of the Tenancy Act in the Letters Patent Appeal and shall advert to the same in accordance with law. The submission is that once the respondents are not in a position to place the certificate under Section 32M of the Tenancy Act, the land-in-question cannot be settled in their favour.
12. The learned senior counsel Mr. Mihir Thakore appearing for the respondents-tenants, in rebuttal, would submit that the original tenant, namely Ramanbhai was found to be the tenant cultivating the land-in-question on the tiller's day as per the Page 8 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined revenue record/village form No. 7/12, and as such, he was declared as a deemed purchaser as on 1.4.1957 by virtue of Section 32(1) of the Tenancy Act, 1948. With the deemed purchase of the land-in-question, the land held by the tenant would vest with the tenant free from all encumbrances subsisting thereon. The contention is that the proceedings under Section 32G were required to be conducted by the Tribunal/competent officer for the limited purpose of determination of the purchase price and ascertaining the willingness of the tenant to purchase the land held by him as a tenant.
13. The attention of the Court is invited to the Section 32G to submit that before adverting to the issue of determination of purchase price, a public notice in the prescribed form was required to be issued calling upon all tenants/all landlords and all other interested persons in such lands, which deemed to have been purchased under Section 32 by the tenants. The submission is that the proceedings under Section 32G had been conducted in the Tenancy Case No. 1439 and the order dated 14.05.1962 was passed by the Mamlatdar determining the purchase price of the land-in-question, to be paid by the tenant with the observation that the tenant continued to be a Page 9 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined "protected tenant" in view of the revenue entries/7/12 extracts from the year 1950-51.
14. It is sought to be submitted by the learned senior counsel appearing for the respondents herein that the tenant even paid the first installment of purchase price to the tune of Rs. 81.49 on 13.07.1963 with respect to the land-in-question and the second installment was paid on 14.05.1964. In the meantime, on an appeal filed by the original landlord registered as Appeal No. 127 of 1963, the Deputy Collector had remanded the matter back holding that the inquiry made under Section 32G was made in absence of the landlord.
15. It is evident from the material brought on record that the matter was remanded vide order dated 09.11.1964 by the Deputy Collector, Kheda in Appeal No. 127 of 1963 for conducting the proceedings under Section 32G of the Tenancy Act on the question of determination of purchase price of the land-in-question. At this stage, we may go through the relevant provisions of Section 32(1) and 32(G) of the Tenancy Act :-
"32. Tenants deemed to have purchased land on tiller's day - (1) On the first day of April, 1957 (hereinafter referred to as "the tiller's day") every tenant shall, subject to the other provisions of this section and the provisions of the next succeeding sections, 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, if--Page 10 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025
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(a) such tenant is a permanent tenant thereof and cultivates land personally;
(b) such tenant is not a permanent tenant but cultivates the land leased personally; and
(i) the landlord has not given notice of termination of his tenancy under section 31; or
(ii) notice has been given under section 31, but the landlord has not applied to the Mamlatdar on or before the 31st day of March, 1957 under section 29 for obtaining possession of the land; [or]
(iii) the landlord has not terminated his tenancy on any of the grounds specified in section 14, or has so terminated the tenancy but has not applied to the Mamlatdar on or before the 31st day of March, 1957 under section 29 for obtaining possession of the land:
[Provided that if an application made by the landlord under section 29 for obtaining possession of the land has been rejected by the Mamalatdar or by the Collector in appeal or in revision by the Gujarat Revenue Tribunal under the provision of this Act, the tenant shall be deemed to have purchased the land on the date on which the final order of rejection is passed. The date on which the final order of rejection is passed is hereinafter referred to as "the postponed date"]:
[Provided further that the tenant of a landlord who is entitled to the benefit of the proviso to sub-section (3) of section 31 shall be deemed to have purched the land on the 1st day of April, 1958, if no separation of his share has been effected before the date mentioned in that proviso.] 32G. Tribunal to issue notice and determine price of the land to be paid by tenants :
(1) As soon as may be after the tiller's day the Tribunal shall publish or cause to be published a public notice in the prescribed form in each village within its jurisdiction calling upon-
(a) all tenants who under section 32 are deemed to have purchased the lands,
(b) all landlords of such lands, and
(c) all other persons interested therein, to appear before it on the date specified in the notice. The Tribunal shall issue a notice individually to each such tenant, landlord and also, as far as practicable, other persons calling Page 11 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined upon each of them to appear before it on the date specified in the public notice.
(2) The Tribunal shall record in the prescribed manner the statement of the tenant whether he is or is not willing to purchase the land held by him as a tenant.
(3) Where any tenant fails to appear or makes a statement that he is not willing to purchase the land, the Tribunal shall by an order in writing declare that such tenant is not willing to purchase the land and that the purchase is ineffective:
[Provided that if such order is passed in default of the appearance of any party the Tribunal shall communicate such order to the parties and any party on whose default the order was passed may within 60 days from the date on which the order was communicated to him apply for the review of the same.] (4) If a tenant is willing to purchase, the Tribunal shall, after giving an opportunity to the tenant and landlord and all other persons interested in such land to be heard and after holding an inquiry, determine the purchase price of such land in accordance with the provisions of section 32H and of sub-
section (3) of Section 63A:
[Provided that where the purchase price in accordance with the provision of section 32H is mutually agreed upon by the landlord and the tenant, the Tribunal after satisfying itself in such manner as may be prescribed that the tenant's consent to the agreement is voluntary may make an order determining the purchase price and providing for its payment in accordance with such agreement.] (5) In the case of a tenant who is deemed to have purchased the land on the postponed date the Tribunal shall, as soon as may be, after such date determine the price of the land.
(6) If any land which by or under the provisions of any of the Land Tenures Abolition Acts referred to in Schedule III to this Act, is regranted to the holder thereof on condition that it was not transferable, such condition shall not be deemed to affect the right of any person holding such land on lease created before the regrant and scuh person shall as a tenant be deemed to have purchased the land under this section, as if the condition that it was not transferable was not the condition of regrant."Page 12 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025
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16. The provisions of Section 32M, 32N and 32P are also relevant to be taken note of, "32M. Purchase to be ineffective on tenant's failure to pay purchase price in lump sum or in installments, within given period:-(1) On the deposit of the price in lump sum or of the last instalment of such price, the Tribunal shall issue a certificate of purchase in the prescribed form, to the tenant in respect of the land. Such certificate shall be conclusive evidence of purchase. If a tenant fails to pay lump sum within the period fixed under clause (ii) of sub-section (1) of section 32K, or is at any time in arreas of four instalments the purchase shalll be ineffective and the land shall be at the disposal of the Collector under section 32P and any amount deposited by such tenant towards the price of the land shall be refunded to him.
2. In the case of the purchase of any land by a tenant, which before the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965 has become ineffective by reason of the failure of the tenant to pay the lump sum within the period fixed under clause (ii) of subsection (1) of section 32K or the tenant remaining in arrears of four instalments, if the tenant deposits with the Tribunal within a period of three years from the date of such commencement the entire amount of the price of the land as fixed under section 32K or, as the case may be, such portion of the price so fixed as may have remained unpaid, together with the interest, if any, payable under section 32K, the purchase of the land shall be deemed not to have become so ineffective and the Tribunal shall issue a certificate of purchase to the tenant under sub-section (1).
3. Notwithstanding the expiry of the period specified in sub- section (2), if the tenant of land to which sub-section (2) applies deposits with the Tribunal within a period of two years after the expiry of the period mentioned in sub-section (2) the entire amount of the price of the land or, as the case may be, the portion of the price, together with interest, as specified in the said sub-section (2), the purchase of the lands shall be deemed not to have become ineffective and the Tribunal shall issue a certificate of purchase to the tenant under sub-section (1).
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4. In the case of the purchase of any land by a tenant which at any time after the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965 has become ineffective by reason of the failure of the tenant to pay the lump sum withing the period fixed under clause (ii) of sub-section (1) of section 32K or the tenant remaining in arrears of four instalments, if such land has not been disposed of by the Collector in the manner provided in sub-section (2) of section 32P, then, if the tenant deposits with the Tribunal within the period of two years after the expiry of the period mentioned in sub-section (2) the entire amount of the price of the land as fixed under section 32K, or as the case may be, such portion of the price so fixed as may have remained unpaid, together with the interest if any, payable under section 32K, the purchase of the land shall be deemed not to have become so ineffective and the Tribunal shall issue a certificate of purchase to the tenant under sub-section (1).
5. Notwithstanding the expiry of the period specified in sub- section (3) or (4)-
(a) if the tanant of land to which sub-section (3) or, as the case may be, sub-section (4) applies and which has not been disposed of by the Collector in the manner provided in sub-section (7) of section 32P, deposits with the Tribunal at any time before two months after the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1981, or
(b) if the specified tenant of land to which sub-section (3) or, as the case may be, sub-section (4) applies and which has not been disposed of by the Collector in the manner provided in sub-section (2) of section 32P, deposits with the Tribunal at any time before the date specified from time to time by notification in the official Gazatte by the State Government in this regard. the entire amount of the price of the land or, as the case may be, the unpaid portion of the price, together with interest, as specified in the said sub-section (3) and (4), as the case may be, the purchase of the land shall be deemed not to have become ineffective and the Tribunal shall issue a certificate of purchase to the tenant or the specified tenant under sub- section (1).
Explanation.-For the purposes of this section and sections 32PP, 32PPP and 32QQ the expression "specified tenant" Page 14 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025
NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined means a tenant who holds land (whether as a tenant or owner or otherwise) not exceeding four hectares.] 32N. Landlord's right to recover rent when purchase becomes ineffective :-
(1) Where any purchase of land becomes ineffective, the landlord shall be entitled to recover from the tenant the rent of the land as if the land had not been purchased. The amount of rent so recoverable shall be deducted from the amount, if any, to be refunded to the tenant:
[Provided that-
(a) where the amount of rent exceeds the amount, if any, to be refunded to the tenant, the tenant shall, within three months from the date on which the purchase becomes ineffective, pay to the landlord the amount of rent so in excess, and
(b) where the tenant fails to pay the amount in accordance with clause (a), it shall be recovered from him as an arrear of land revenue and paid to the landlord.] (2) If within three months from the date on which the purchase of any land has become ineffective the landlord fails to refund the tenant the amount paid after deducting any rent due to him it shall be recovered from him as an arrear of land revenue and paid to the tenant.
32P. Power of Collector to resume and dispose of land not purchased by tenant and appeal against Collector's order :
(1) Where the purchase of any land by tenant under section 32 becomes ineffective under the foregoing provisions of this sub-chapter or where the tenant fails to exercise the right to purchase land under section 43-1D within the period specified in that section, the Collector may suo motu or on an application made in this behalf and after holding a formal inquiry direct that the land shall be disposed of in the manner provided in sub-section(2).
(2)[Such direction shall, subject to the provisions of sub- sections (2AA) and (2A), provide Page 15 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined
a)that the tenancy in respect of the shall be terminated and the tenant be summarily evicted:(c)that the entire land or such portion thereof, as the case may be, notwithstanding that it is a fragment, shall subject to the terms and conditions as may be specified in the direction be disposed of by sale to person in the following order of priority (hereinafter called "the priority list") :-and conditions as may be specified in the direction be disposed of by sale to person in the following order of priority (hereinafter called "the priority list"):-(a-i) the tenant whose tenancy in respect of that land is terminated if such tenant is willing to accept the offer of sale, provided the occasion for the issue of such direction has not arisen by reason of an act of collusion between such tenant and the landlord (i)a co-operative farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons;(ii)agricultural labourers;(iii)landless persons;(iv)small holders;(v)a co- operative farming society of agriculturists (other than small holders) who hold either as owner or tenant or partly as owner and partly as tenant, land less in area than an economic holding and who are artisans:(vi)an agriculturist (other than a small holder) who holds either as owner or tenant or partly owner and partly as tenant, land les in area than an economic holding and who is an artisan;(vii)an other co-operative farming society;(viii)any agriculturist who holds either as owner or tenant or partly as owner and partly as tenant land larger in area than an economic holding but less in area than the ceiling area;(ix)any person not being an agriculturist, who intends to take to the profession of agriculture:
[Provided that the State Government may, by notification in the Official Gazette, give, in relation to such local areas as it may specify, such priority in the above order as it thinks fit to any class of persons who, by reason of the acquisition of their land for any development project approved for the purpose by the State Government, have been displaced, and require to be re-settled;] [Provided further that-(a)where there are two or more co- operative farming societies falling under item, (i), (v) or (vii), preference amongst them shall be given in the following order, namely:-
(1)a co-operative farming society each of the members of which belongs to a Scheduled Tribe;
(2)a co-operative farming society the membership of which is held partly by persons belonging to a Schedule Tribal and partly by persons belonging to a Schedule Caste;Page 16 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025
NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined (3)a co-operative farming society each of the members of which belongs to a Scheduled caste;
(4)a co-operative farming society the membership of which is not solely held by persons belonging to a Schedule Tribe or Schedule Caste;
(b)in the case of persons falling under items (ii), (iii) and (iv) preference shall be given in the following order, namely:-
(1) a person belonging to a Schedule Tribe; (2)a person belonging to a Schedule Caste; (3)other persons.
(2AA)[ Where in any case the direction under sub-section (2) provides that the land in respect of which the tenancy is terminated shall be disposed of by sale to the tenant referred to in sub-clause (a-I) of clause (c) of sub-section (2), the tenant shall be liable to be evicted only if the land or, as the case may be, the portion thereof could not be disposed of by sale to him.] (2A) Where the tenancy in respect of any land is terminated under clause (a) of subsection (2) but the tenant of such land is a co-operative farming society of the type referred to in sub-clause (i) of clause (c) of sub-section (2), the direction under subsection, the direction under sub-section (2) shall further provide-
(i)that the entire land or such portion thereof, as the case may be, shall be disposed of by sale to the co-operative farming society which was the tenant of the land or as the case may be, portion thereof immediately before the termination of the tenancy under clause (a) of subsection (2).
Provided that the total acreage of the land to be so disposed of shall not exceed an area arrived at by multiplying the ceiling area by the total number of the members of the co- operative farming society;
(ii)that on the termination of the tenancy under clause (a) of sub-section (2), the co-operative farming society shall be liable to be evicted only from such portion of the land as could not be disposed of by sale to it under a direction issued under sub-section (4)Where the land or portion thereof is offered for sale under sub-section (2) but no person comes forward to purchase such land or portion, such land or portion, as the case may be, shall vest in the State Government and the Collector shall determine the price of such land or portion in accordance with Page 17 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined the provisions of section 63A and the amount of the price so determined shall, subject to the provisions of section 32Q, be paid to the owner thereof.
(5)Where any land is sold under sub-section (2), the Collector shall determine the price of the land in accordance with the provisions of section 63A and the price so determined shall be payable by annual instalments not exceeding six with simple interest at the rate of 4½ per cent, per annum as the Collector may determine and the price of the land recovered from the purchaser shall, subject to the provisions of section 32Q, be paid to the owner thereof.
(6) On the payment of the last instalment of the price, together with the interest due, the Collector shall issue a certificate of purchase in the prescribed form to the purchaser in respect of the land. Such certificate shall be conclusive evidence of purchase.
(7)(a)Where before the specified date, any land has been surrendered to a landlord under sub-section (2) of this section as in force immediately before such date and the landlord has taken possession of the land, the landlord shall be liable to cultivate the land personally and shall be entitled to the use and occupation of the land so long as he cultivates the land personally.
(b)If he fails to so cultivate the land he shall be evicted from the land and the land shall be disposed of in accordance with the provisions of section 84C.
(8)No land of the description referred to in sub-section (7)] shall be transferred by sale, gift, exchange, mortgage, lease, or assignment or partitioned without the previous sanction of the Collector and except on payment of such amount as the State Government may by general or special order determine. (9)Any person aggrieved by any order made by the Collector under the foregoing provisions of this section may appeal to the State Government against such order.
(10)The State Government shall after giving an opportunity to the parties to be heard, decide the appeal. (11)The order of the Collector, subject to such appeal and decision of the State Government on appeal, shall be final."
17. Having carefully perused the above provisions, under the Page 18 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined scheme of the Tenancy Act, there cannot be a dispute that the sitting tenant, the tiller of the land as on 1.4.1957, "known as the tiller's day", was to be declared as a 'permanent tenant' being 'protected tenant' on the land-in-question and as per Section 32(1) such tenant shall be deemed to have purchased the land held by him from the landlord, free from all encumbrances subsisting thereon as on the said date, i.e. 1.4.1957. With such declaration by operation of law made in favour of the 'protected tenant', the proceedings under Section 32G for determination of the purchase price and gathering the willingness of the tenant to purchase the land held by him as a tenant, was to be conducted. Such proceedings admittedly was conducted in the instant case, as Tenancy case No. 1439 wherein by order dated 14.05.1962, the Mamlatdar and ALT, Ahmedabad had determined the purchase price with the observation that the tenant continued to be a 'protected tenant' in view of the revenue entries for the year 1950-1951. Once this proceedings was concluded, the landlord had filed appeal on the ground that he was not heard or the proceedings of the 32G was conducted behind his back. On this limited plea taken by the landlord in Appeal No. 127 of 1963, the Deputy Collector, Kheda remitted the matter for conducting Page 19 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined fresh proceedings to the Mamlatdar vide order dated 09.11.1964.
18. Having carefully read the scheme of Section 32G of the Tenancy Act, 1948, we find that after remittal, there was no occasion for the Mamlatdar to record any consent of the tenant to hand over the physical possession of the land-in-question and the landlord to refund the purchase price. Admittedly, the purchase amount fixed by the order dated 14.05.1962 was paid by the tenant in two installments. Under the scheme of Section 32G, the only limited inquiry required to be made by the concerned officer/tribunal was to gather the willingness of the tenant to purchase the land held by him. Sub-section(2) and (3) of Section 32G provide that the statement of such tenant, who is not willing to purchase the land held by him as a tenant, shall be recorded by the Tribunal in the prescribed manner and where the tenant fails to appear or make a statement that he was not willing to purchase the land, by an order in writing, the Tribunal shall declare the purchase as ineffective. Sub-section(4) of Section 32G, however, provides that where a tenant is willing to purchase, the tribunal shall after giving opportunity to the tenant and the landlord and all other persons interested in such land, and after hearing and Page 20 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined holding inquiry, determine the purchase price of such land in accordance with the provisions of Section 32H and sub- section(3) of Section 63A. The only proviso to sub-section(4) of Section 32G states that where the purchase price is agreed upon by the landlord and the tenant in accordance with the provisions of Section 32H, the Tribunal shall prescribe that the tenant's consent to the agreement is voluntary and may make an order determining the purchase price and providing for its payment in accordance with such consent. Section 32M further provides the manner in which the certificate in the prescribed form shall be issued to the tenant on payment of purchase price and that such certificate "shall be conclusive evidence of purchase". Section 32M and 32P provide the consequences of the purchase being declared ineffective.
19. Having noted above the provisions in detail, suffice it to record that the present is not the case where the purchase has been held ineffective by the Tribunal while making inquiry under Section 32G of the Act, 1948, rather on the willingness shown by the tenant recorded in the order dated 14.05.1962 purchase price was fixed, of which two installments had been deposited by the tenant on 13.07.1963 and 14.05.1964, it is evident that after the tenant was declared as a 'deemed Page 21 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined purchaser' on 1.4.1957 and deposited the installment of the purchase price, the purchase could not be held to be ineffective. The question of invocation of provisions of Sections 32N and 32P, therefore, cannot arise.
20. From the manner in which the case had proceeded further on an appeal filed by the landlord bearing Appeal No. 127 of 1963, the only issue for consideration after remand was about the purchase price determined in accordance with the provisions of Section 32H of the Tenancy Act. In this limited scope of the inquiry under Section 32G after remand, it was not permitted for the Mamlatdar & ALT to pass the order dated 10.03.1965 recording consent of the original tenant for handing over the possession of the land-in-question on the alleged agreement arrived between the tenant and the landlord.
21. In any case, with the declaration of the tenant being a 'protected tenant' by virtue of the order dated 14.05.1962, by operation of Section 32(1) of the Tenancy Act, 1948, the landlord had left with no right, title or interest in the land-in- question. Even in case, where the purchase of the land becomes ineffective as per Section 32N, the landlord would not Page 22 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined have been entitled to recover the possession of the land from the tenant rather would be entitled to only the rent of the land, as if the land had not been purchased. Further, on the purchase of any land by the tenant under Section 32 becoming ineffective, the proceedings under Section 32P for resumption and disposal of the land not purchased by the tenant was to be conducted by the Collector, which is not the position in the present case.
22. At this stage, we may take note of the affidavit dated 21.02.2017 filed by the appellant No.5 in the present appeal, wherein a copy of the certificate dated 24.01.1996 issued under Section 32M in favour of the tenant has been brought on record with the assertion that the said copy was obtained by the appellant under the Right to Information Act from the revenue authorities. Placing the said certificate, it was sought to be submitted by the learned counsel for the appellants herein that, at the most, purchase could have been said to be completed with the issuance of certificate under Section 32M on 24.01.1996 in favour of the heirs of the tenant, which is much after the order dated 10.03.1965 whereby possession of the land-in-question was directed to be handed over in favour of the landlord. We may also take note of the claim of the Page 23 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined petitioners in the original petition based on an alleged certificate dated 1.4.1962 issued under Section 88C of the Tenancy Act entitling the landowner to purchase the land in question, suffice it to note that the reference of the said certificate though can be found in the order dated 10.03.1965 passed by the Mamlatdar, but no such certificate has been produced before the writ court or this Court.
23. Lastly in a feeble submission, it was contended by the learned counsel for the appellants that the proceedings challenging the order dated 10.03.1965 initiated by the heirs of the tenant in Tenancy Appeal No. 113 of 1992 before the Deputy Collector (Tenancy), Ahmedabad was suffering from inordinate unexplained delay, for which no application seeking condonation of delay was filed before the Deputy Collector. Dealing with the said submission, suffice it to say that in view of the detailed discussion made hereinabove about the right, title or interest of the landlord to seek possession of the land- in-question, wherein the original tenant had been declared as a 'protected tenant', the order dated 10.03.1965 becomes a nullity. Further, there was no need to bring any proceedings to set aside or quash such an order.
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NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined
24. For the above discussion, the decision of the learned single Judge in holding that the concurrent finding of facts recorded by the Tribunal that the deceased Ramanbhai Dalpatbhai Chauhan was a deemed purchaser in terms of provision of Section 32(1) as on 1.4.1957 and thus, was entitled to purchase the land at the price fixed under Section 32G of the Act read with the other provisions, cannot be said to suffer from any error of law. The learned single Judge has categorically recorded that the landlord had no right to seek permission for conversion of the land-in-question for NA purposes, once the certificate in From No.9 under Section 32M of the Tenancy Act was issued to the original tenant, as he had left with no right, title or interest, in the land-in-question.
25. The learned single Judge has rightly held in the above facts and circumstances of the case, even if the landlord had entered into any transaction with the petitioners/appellants, the said transaction would have no relevance as on the date of the such sales, the landlord had left with no right, title or interest over the land-in-question. The learned single Judge also recorded that the Tribunal has returned a finding of fact that there was no evidence that the possession of the land-in- question was handed over either by the tenant or by anyone Page 25 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025 NEUTRAL CITATION C/LPA/1651/2009 ORDER DATED: 16/07/2025 undefined else to the landlord. The order dated 10.03.1965 had, thus, never been acted upon.
26. In light of the above discussion, we cannot attach any illegality or infirmity to the decision of the learned single Judge in holding that the concurrent findings of facts returned by the competent authorities cannot be interfered with, in exercise of extraordinary jurisdiction under Articles 226/227 of the Constitution of India.
27. With the above, both the appeals stand dismissed being devoid of merits.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) C.M. JOSHI Page 26 of 26 Uploaded by C.M. JOSHI(HC01073) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 23:43:45 IST 2025