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1996 Supreme(Guj) 103

A.N.DIVECHA
RATILAL CHUNILAL SOLANKI – Appellant
Versus
SHANTILAL CHUNILAL SOLANKI – Respondent


Advocates Appeared: A.G.URAIZI, R.R.MARSHAL, S.H.SANJANWALA

A. N. DIVECHA, J.

( 1 ) ENTRY No. 543 in revenue records with respect to the lands bearing survey Nos. 83/7/1, 83/1/9, 45, 46, 47 (Part), 48 and 50 situated in village Khaerlav, taluka Pardi (the disputed lands for convenience) as certified on behalf of the Mamlatdar (respondent No. 8 herein) by his order passed on 1 5/01/1982 as affirmed in revision by the order passed by the Collector of Valsad (respondent No. 7 herein) on 7/09/1982 in Revision Case No. 19 of 1982 as further affirmed in revision by the order passed by and on behalf of the State of Gujarat on 24/01/1985 is under challenge in this petition under Arts. 226 and 227 of the Constitution of India. The entry was mutated in the name of respondent Nos. 1 to 6 herein in the revenue records pertaining to the disputed lands despite the objection thereagainst raised by and on behalf of the petitioners.

( 2 ) IT appears that the disputed lands originally belonged to one Chunilal Jaichand Solanki (the deceased for convenience ). They stood in his name in the revenue records. It appears that respondent Nos. 1 to 6 wanted their names to be mutated in the place of the deceased on strength of a testamentary document stated to have be














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