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...Tenancy and Agricultural Lands Act, 1948 (Tenancy Act), the petitioner was in possession of portion of the said property admeasuring 1 Acre and 12.8 Gunthas. Despite such position, the na.... Karandikar's next submission based upon finality to be attached to the Additional Tahasildar's order dated 24 March, 1973 under the Tenancy Act. It is to be noted that in the present case, the Tahasildar made an order dated 21 May..., Ramchandra Ganpat Kore was very much a party.16. The section 32-G of the Tenancy Act provides that on the Tillers day, i.e, 1 April, 1957, every tenant...
...section 32(G) of Tenancy Act, appears proper, the same is hereby confirmed. The present application preferred by the plaintiff is rejected.”4. Being...32 (G) of Tenancy and Agricultural Land Act, 1948 and thereby, carried out due procedure in connection with the land in question. The respondents have been proved tenants. Therefore, there is...section 32 (M) of Tenancy Act, the Mamlatdar - Surat City has issued certificate dated 25/08/2003 vide Tenancy/Purchase Certificate/2003. The same has been effected vide...
...Agricultural Lands Act, 67 of 1948, (hereinafter called the “Tenancy Act”). Consequent upon the declaration, the Agricultural Lands Tribunal, Hatkanagale, fixed the price of the land under Section...directed against the order of the High Court.2. The Tenancy Act provides by Section 32 that on April 1, 1957, called the “tillers' day”, every tenant shall, subject to certa...Abolition Act. Since the respondents did not cease to be tenants of the appellant on the introduction of the Alienations Abolition Act, they are entitled to purchase the lands under Section 32. Co...
...December 22, 1956 issued by the respondent to the appellant under Section 31 of the Bombay Tenancy Act and upon the proceedings initiated by the Agricultural Lands Tribunal under Section 32-...right of tenancy and has by lapse of time become unassailable. The second circumstance on which the Revenue Authorities placed preponderating reliance is that the Agricultural Lands Tribunal had initiated proceedings for fi..., the trial court referred the issue of tenancy to the Tahsildar under Section 85-A of the Bombay Tenancy and Agricultural Lands Act, 1948. The Court also referred another incidental issue to the...
...application before the Tahsildar and Agricultural Lands Tribunal, Deogad under section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short “Bombay Tenancy Act”..., 1957. The proceedings under section 32-G of the Bombay Tenancy Act were initiated at the instance of Respondent No. 1 against Respondents No. 2 to 5 who are l...certificate issued under section 32-M having attained finality in all respects, it was not open to the Tahsildar to declare the said certificate nullity in the proceedings initiated by the Petitioner under ...
...Village Kanisa, Gujarat (for short “the land”) of which one Hathibhai was admittedly the tenant. The tenant was cultivating the land as on 1-4-1957 so under Section 32-G of the Bombay Tenancy ...appellant submits that once the order declaring the deemed purchase under Section 32-G of the Bombay Tenancy Act, was held to be ineffective, all the rights of late Hathibhai were extingu...Revenue Tribunal and the High Court fell into error in confirming the order of the Deputy Collector.3. From a perusal of the provisions of Section 32-G of the Bombay ...
...Section 32 (G) of Tenancy and Agricultural Land Act, 1948 and thereby, carried out due procedure in connection with the land in question. The respondents have been proved tenants. Therefore, there...to be admitted on the point of condonation of delay and merits. Hence, the same is rejected. As the decision taken by the ALT and Mamlatdar Bardoli, as per section 32(G) of Tenancy ...Jerambhai and others have deposited Rs. 6512/- as the purchase price of the land in question including interest, as per section 32 (M) of Tenancy Act, the Mamlatdar Surat City has issued certifica...
...the order of granting certificate, but however, he was unsuccessful, after which an inquiry under section 32-G of the Tenancy Act was started for determining th...Case No. TA 4/83.4. Only question involved in this case is, whether in view of the certificate granted to the respondent under section 88-B of the Tenancy Act the p...that even if the certificate under section 88-B of the Tenancy Act granted to the respondent, same did not affect the suit land and the proceedings under section 32-...
.... Since record of rights in form VE-XII showed him as a tenant for the period from 1959-1960 to 1974-1975 proceedings under section 32-G of the Bombay Tenancy and Agricultural La...gone to the extent of holding that the order of the Additional Tahsildar, Dahanu dated 5th December, 1979 under section 32-G of the Bombay Tenancy Act,...to a finding completely contrary to the findings of the Additional Tahsildar under section 32-G of the Bombay Tenancy Act and held that the said Jivan was culti...
...ground that he was not in possession on Tiller's day.
5. Suo moto proceedings were then initiated for determination of purchase price under Section 32 G of Tenancy ....
JUDGMENT:
The petitioners who claim to be tenants and deemed purchasers under Section 32 of the Bombay Tenancy and Agri...cultivate the suit lands. After coming into force of Tenancy Act, on 1stApril, 1957 by virtue of Section 32 they became deemed purchasers. The lands, however, continued in the name ...
...question in proceedings adopted at the instance of the tenant-purchaser for the said purpose under section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 (“the .... This Petition also raises the question of interpretation of section 8 of the Maharashtra Revenue Patels (Abolition of Office) Act, 1962 (“the Patels Abolition Act”, for short)....cultivating the said land throughout and including on the tillers' day. The provision regarding fixation of compulsory purchase of the said land made in the proceeding under section 32-G...
...father of the petitioner i.e. Somabhai Kabhaibhai Gohel was tenant of the said land. The proceedings under Section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 (he...herein. Therefore, the said proceedings under Section 32-G of the Tenancy Act were dropped. Again on 17.4.1976, the case was proceeded being Case No. 284 of 197...impugned orders as well as necessary documents produced on record. It appears that in the proceedings which were initiated under Section 32 G of the Tenancy Act, declara...
...Section 32 G and 32 P of the Bombay Tenancy Act respectively.
(2) It appears that father of the petitioner was cultivating and/ or in ...disputed land in question for which proceedings were initiated under Section 32 G of the Act before the Mamlatdar and ALT, Ahmedabad being Tenancy Case No.323 of 1962. that by order dated...petitioner appeared before the Mamlatdar and ALT and declared that he is not willing to purchase the land in question as Ganotia and therefore, in exercise of powers under Section 32 G of...
...
3. Considering the aforesaid prayer, by way of the representation dated 07.10.2023, the petitioners have prayed for determining the price of the land under Section ...
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21633 of 2023...
================================================================
MAHESHBHAI RAMUBHAI MALI
Versus
STATE OF GUJARAT...
..., would automatically fall
back to the owner. This had so happened in the proceeding under
Section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948,
in the...petitioner is not able to dispute the fact
that in the proceeding under Section 32-G of the Tenancy Act, the
petitioner (land owner) were party. As a corollary, it can...not deem it proper to challenge the order passed in
the proceeding under Section 32-P of the Tenancy Act in the year
1967, till 2003, and no substantive right of the...
...respondent herein served a notice upon his landlord expressing his desire to pay the purchase price of the land in terms of Section 32-G of the Tenancy Act. The Tahsildar opined ...proceedings were dropped by order dated 31-1-1984. An appeal thereagainst was filed by the respondent by an order dated 19-11-1985, the Appellate Authority opined that the provisions of Section 32-O of the .... First day of April, 1957 was declared to be the “tillers' day”. If a person remained a tenant on the said date, by reason of the legal fiction created under Section 32 of the Tenancy ...
.... The respondent Vithoba was the tenant of nine pieces of lands. In respect of five lands, proceedings were initiated under Section 32-G of the Bombay Tenancy and Agricultural La...over possession of those lands also. The tenant, therefore, filed an application under Section 84 of the Act for summary eviction of the landlord from those lands. The Agricultural Lands Tribunal...dismissed the same on the ground that the proper remedy for the tenant was to make an application under Section 29 of the Act and not under Section 84. The appeal against that order was dismissed. The...
...written statement is at Annexure-D to this petition. It appears that in the meantime respondent No. 1 herein made an application on 16th August 1978 to the First Authority under Section 32-G of the Bombay ...were not made parties to the aforesaid proceeding instituted by respondent No. 1 herein under Section 32-G of the Tenancy Act against respondents Nos. 2 and 3 herein. I...appears that the present petitioners came to know of the order passed by the First Authority in the proceeding under Section 32-G of the Tenancy Act. They ther...
...trial Court for a fresh inquiry under section 32-G of the Bombay Tenancy Act with a direction to dispose of the matter in accordance with law. It is crucial to ...Vithal and Patilbuwa were tenants in respect of the suit land.4. After remand for a fresh inquiry under section 32-G of the Bombay Tenancy Act, th...section 32-G of the Bombay Tenancy Act, Now, a plain reading of section 32-G would show that it is a provision which empowers the tri...
...Civil Application No. 1097 of 1968 dated 26-4-1972. The respondents filed an application under Section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short “the ...respondent under Section 32-B of the Act. Accordingly, it directed the Mamlatdar to conduct the enquiry under Section 32-G and remanded the matter for fixing the price. Thus this appeal b...between them. The High Court has held that by operation of provisions of Section 32-B of the Act, the land which the respondent held as an owner and tenant alone should be taken into consideration...