1
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 13841 /2024 [@ SLP [C] NO.31842/2012]
AMJIBHAI KANJIBHAI (D) THR HIS LRS. Appellant(s)
VERSUS
STATE OF GUJARAT & ORS. Respondent(s)
O R D E R
Leave granted.
The appellant before us is the purchaser of the
property by way of a registered deed dated
29.09.1969. The property in question was originally
owned by the respondent No.2. In 1962, an action was
initiated by respondent No. 2 under Section 32T of
the Bombay Tenancy and Agricultural Lands Act, 1948
against the father of the appellant, who was the
2
earlier tenant for the purpose of resuming the land
for his personal cultivation.
It was accordingly, allowed in the year 1968.
As respondent No.2 was not able to cultivate the
land, it was sold in favour of the appellant, who is
none other than the son of the original tenant. It
is the case of the appellant that his father did not
have any objection.
However, it is not in dispute that appellant has
got the possession of the land and is enjoying it as
the owner pursuant to the sale effected, for which no
other third party has any objection including his
father.
In 1973, the State of Gujarat has brought an
amendment to the Bombay Tenancy and Agricultural
Lands Act, 1948 by which sub-Section 1A has been
introduced to Section 37. It reads as follows:
“(1A) Notwithstanding any...