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1961 Supreme(Guj) 106

R. B. MEHTA, N. M. MIABHOY
SHRIMATI KUSUMGAURI RAMRAY MUNSHI – Appellant
Versus
SPECIAL LAND ACQUISITION OFFICER,ahmedabad – Respondent


Advocates Appeared: J.M.THAKAR, YOGESH S.MANKAD

R. B. MEHTA, J.

( 1 ) IN regard to this transaction of lease with option to purchase Ex. 151 in regard to S. Nos. 47/1 and 47/2 it is necessary to appreciate the arguments of the claimants before us to know the real nature of this transaction. S No. 47/1 comprises of 1 acre and 23 gunthas and the claimants have 1/4th share in the total area of 7 gunthas of S. No. 47 This document which at this stage for the sake of convenience we shall describe as a lease with option to purchase-document is entered into between the claimants of S. Nos. 47/1 and 47/2 as the purchasers-cum-lessees again an expression used as a matter of convenience on the one side and the vendor owner Becharbhai Bapuji on the other side on 2nd May 1946. This document Ex. 151 recites that there was a prior agreement between the parties by which S. Nos. 47/1 and 47/2 were to be leased with option to purchase. That prior agreement was dated 6th November 1945. It is further recited that Rs. 2000/were paid on 6th of November 1945 by a cheque; Rs. 1000/were paid on 14th November 1945 Rs. 5000/were paid on 21st March 1946 while extending the period of agreement of the transaction and Rs. 7915-7-6 were paid on 2nd May 1946 wh























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