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Rajenbhai Baldevbhai Shah vs Baijiben Kabhaibhai Patanvadia on 17 September, 2004

"5. Having regard to the submissions made by the learned Counsels for the parties and to the documents on record, it appears that the Entry No.908 was posted in the revenue record in favour of the petitioner on the basis of the Will dated 30.7.1975 executed by the deceased Ramsangbhai Lagharabhai. The said entry was certified on 16.9.1983 by the Mamlatdar and ALT. Subsequently, the proceedings under Section 84C of the Tenancy Act, though were initiated, were dropped by the Mamlatdar vide the order dated 7.12.1987 by holding Page 1 of 5 HC-NIC Page 1 of 5 Created On Tue Sep 12 00:11:52 IST 2017 C/SCA/13857/2017 ORDER that there was no violation of Section 43 of the Tenancy Act. At this juncture, it is required to be noted that the issues whether Section 63 of the Bombay Tenancy Act debars an agriculturist from parting with his agricultural land to a non-agriculturist through a Will and whether Section 43(1) of the Tenancy Act restricts transfer of any land or interest purchased by the tenant under Section 17B, 32, 32F, 32O, 32U, 33I, or 88E or sold to any person under Section 32P or Section 64 of the Tenancy Act, through execution of a Will by way of testamentary disposition, were referred to and considered by the Division Bench in case of Rajenbhai Baldevbhai Shah Vs. Baijiben Kabhaibhai Patanvadia and Ors. (supra) and it is held as under:-
Gujarat High Court Cites 7 - Cited by 39 - J Patel - Full Document

Ramdevsinh Balvantsinh Chudasama vs Mansangbhai Lagharabhai Dodia & 2 on 7 February, 2017

1. Mr. R.P. Desai, the learned counsel appearing on behalf of Mr. Mrugen Purohit for the applicants seeks to rely on a decision of this Court in the case of Ramdevsinh Balvantsinh Chudasama vs. Mansangbhai Lagharabhai Dodia, Special Civil Application No.14346 of 2004, decided on 24th November, 2016, wherein this Court held in paras-5 and 6 as under;
Gujarat High Court Cites 1 - Cited by 1 - R S Reddy - Full Document
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