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1984 Supreme(Guj) 162

S.A.SHAH
KURESHI HUSSAINBHAI MOTIBHAI – Appellant
Versus
SAIYAD SIDAR KESHARBHAI – Respondent


Advocates Appeared: J.R.NANAVATI, P.M.RAVAL

S. A. SHAH, J.

( 1 ) THIS is a second round of litigation. Respondent no. 1 lost his case before the Civil Court at all levels including this Court and in spite of clear findings of this Court the petitioners were subjected to harass- ment by summary proceedings in respect of mutation of entry in the records of rights on account of an application made by respondent no. 2 for mutating his name as the owner of certain pieces of land under Karami Lekh no. 56 alleged to have been executed by the Begam Saheba of erstwhile Jainabad State in his favour.

( 2 ) PETITIONERS nos. 1 and 2 had purchased land hearing survey no. 241 situated in the Sim of Jainabad village by a registered sale-deed dated 18-5-1955 from the father of respondent no. 1. Similarly petitioner no. 3 also purchased survey no. 37 situated in the same village from the father of respondent no. 1 be a registered sale-deed dated 18-1-1955.

( 3 ) RESPONDENT no. 1 raised a dispute and threatened petitioners nos. 1 and 2 and under the apprehension of dispossession they filed a suet being Civil Suit no. 95 of 1960 in the Court of the learned Civil Judge Junior Divi- sion Bajana against respondent no. 1 for a permanent injunction r























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