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1995 Supreme(Guj) 137

M.R.CALLA
NAVSARJAN INDUSTRIAL CO OPERATIVE SOCIETY LIMITED – Appellant
Versus
STATE – Respondent


Advocates Appeared: R.J.OZA, R.S.SANJANWALA, S.H.SANJANWALA, T.H.Sompura

M. R. CALLA, J.

( 1 ) THE petitioner in each of these three matters is the Navsarjan industrial Co-operative Society Ltd. It had purchased lands in question in a public auction held by Special Recovery Officer under three different sale certificates and, therefore, three Special Civil Application have been filed. These three Special Civil applications are based on common facts giving rise to common questions of law and, therefore, all these three matters are being disposed of by this common judgment.

( 2 ) THE land in question is situated in village Anjana, Taluka Choryasi, the details of which have been set out in para 4. 2 of the Special Civil Application No. 85 of 1993 and for the sake of brevity, reference is made to the pleadings in Special civil Application No. 85 of 1993 only. The sale certificates, in pursuance of the auction sale, were issued on 28-5-1981 and on that basis the name of the petitioner- society was entered in the record of rights as per the document Annexure "a" enclosed with the Special Civil Application No. 85 of 1993. The respondent No. 3 had stood a guarantee for one Kalyanbhai Govindbhai, against whom the Cooperative society namely, Shree Ambheta Vibhag S

















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