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LPA/460/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 460 of 2010
In
SPECIAL
CIVIL APPLICATION No. 18073 of 2007
With
CIVIL
APPLICATION No. 2745 of 2010
======================================
JETHABHAI
NARSINHBHAI VANKAR & ORS
Versus
SHANKERBHAI
RAMABHAI RATHOD & ORS
======================================
Appearance :
MR
MB GANDHI for Appellants
=====================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 27/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
1
Present Appeal is filed by the appellants original petitioners
of Special Civil Application No. 18073 of 2007 against the Common
Judgment and order dated 21.02.2008 passed by the learned Singe
Judge in Special Civil Application No.18073 of 2007 along with
Special Civil Application No.14540 of 2007.
2 It
is the case of the appellants that the agricultural land bearing
Survey No. 445/1, admeasuring 2 acres and 3 gunthas situated in
Village Anklav, Taluka Borsad, belonged to the present
appellants. The respondents, however, claimed tenancy rights upon
the land in question. Learned Mamlatar and ALT, Deputy Collector
and Gujarat Revenue Tribunal found that the respondents were the
tenants of the disputed land.
3 The
learned Single Judge after considering the submissions made on
behalf of the petitioners at length, found no merits in the writ
petitions and dismissed the same.
4 Having
heard learned Advocate for the appellants, we do not see any reason
to interfere with the decision of the learned Single Judge which in
turn confirmed the concurrent findings of facts by three authorities
that the respondents had successfully established their tenancy
rights. Admittedly, we also found that the present appellants had
sold away the suit land during the pendency of the proceedings.
Considering all these aspects of the matter, there is no merit in the
Appeal and the same stands dismissed. Civil Application also stands
disposed of.
(S.J.
MUKHOPADHAYA, C.J.)
(AKIL
KURESHI, J.)
pnnair
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