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1981 Supreme(Guj) 6

D.H.SHUKLA
SAVARKUNDLA NAGARPALIKA – Appellant
Versus
MANINAGAR NIVAS NIRMAN SAHKARI MANDLI LIMITED – Respondent


Advocates Appeared: D.J.SHAH, J.D.AJMERA

D. H. SHUKLA, J.

( 1 ) THE facts giving rise to the Second Appeals may shortly be summarized as under : The Respondent-Society was providing houses to its members and it had requested the appellant Nagarpalika to allot land to it for the purpose of construction houses and in pursuance to that request the appellant had allotted 27 554 sq. yards of land to the respondent on lease. It was averred that the respondent was allotted the aforesaid land after the permission of the Collector Bhavanagar vide the letter no. 418 dated 10/09/1955 and after that also the map was sanctioned by the Collector by letter No. 418 of 1/02/1956 According to the map the land was divided in 41 plots and the possession of the entire land was given to the respondent and it is the further say of the respondent that it has been in continuous possession of the said land thereafter althroughout. it was felt by the respondent at one point of tine that plots Nos. 36 to 41 were situated on an uneven and rough land and so the respondent had forwarded a request to the appellant to change the land of these plots namely plots Nos. 36 to 41 and in exchange to give other land. The request was not however granted by the Go













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