( 1 ) THESE two petitions are connected and related to one and the same subject matter and hence both the petitions are being disposed of by this common judgment.

( 2 ) THE first petition has been filed for a direction to the respondents not to remove the name of the petitioners from the revenue records without verifying the actual possession over the land in dispute. While the second petition has been filed for quashing and setting aside the order dated 1-9-94 of the Secretary, Revenue Department (Appeals), Government of Gujarat, Ahmedabad in Revision No. SRD/hkp/ad/25/94 whereby the order dated 3-5-1994 of the Collector, Ahmedabad recorded in case No. NB/rac (e)/a/142/93 and 143/93 and the order of the Deputy Collector, Ahmedabad dated 30-9-1993 in RTS Appeal No. 34/93 and 35/93 in respect of the revenue entries No. 6594 and 6682 regarding the portion of 3526 sq. mtr. . of Survey No. 1162 Paiki of village Vejalpur have been set aside.

( 3 ) IT is not disputed that Shambhubhai Bechardas Patel was the owner of land bearing Survey Nos. 1162 and 356 and sold 3000 sq. mtr. to Prasanna Cooperative Society out of the land of two aforesaid survey numbers. He executed the will on 6-11-1989 to the effect that he had received sale consideration of the remaining land bearing Survey No. 1162 and 356 being final plot No. 42/2 and 42/1 in Town Planning Scheme and no amount was to be recovered from Shri Uttar Pradesh Coop. Housing Society. He could not executed the sale deed because of the technical reasons during his life time. After his death the Shri Uttar Pradesh Coop. Housing Society would be the absolute owner of the aforesaid land. He has appointed Vijaykumar Hathisingh Shah as a power of attorney to execute an agreement to sell to Shri Uttar Pradesh Cooperative Housing Society Ltd. whose registration no. is Gha-1079. The agreement to sell has already been executed in favour of Shri Uttar Pradesh Coop. Housing Society Ltd. with his consent and knowledge. Any amount regarding the sale consideration or profit or loss is not to be recovered and shall not be recovered in future by him. Even if there is any increase or decrease in the area of Survey No. 1162 and 356 then also neither he nor the purchaser shall take any objection. Under the said will Shambhubhai Bechardas Patel authorized that after his death Shri Uttar Pradesh Cooperative Housing Society Ltd. shall be the absolute owner of the remaining land of Survey Nos. 1162 and 356 with all the rights available in the town planning scheme. After his death the aforesaid Society shall be an independent owner of the said land. Any objection and contention of any other person, Mandali, relative, heir or representative shall not be maintainable and the Society shall be entitled to use the land as per its desire. It is made clear that in the government record the area of the said surveys no. 1162 and 356 admeasuring 2 acre - 13 Gs and 1 Acre - 29 Gs. respectively, 3000 sq. mtr. of the land from Survey No. 356 has been sold to Prasanna Coop. Housing Society Ltd. and the will was to be treated regarding the remaining land of the aforesaid both survey number after deducting the area of 3000 sq. mtr. of land sold to Prasanna Coop. Housing Society Ltd. It was also mentioned therein that the sole executor appointed by him under the will Vijaykumar Hathsingh Shah was required to do all the necessary proceedings and obtain necessary permission regarding the entire land of both survey numbers aforesaid like sale deed, declaration, agreement under the Urban Land Ceiling Act, N. O. C. , N. A. as well as he will do all Government or semi government work and other legal work pertaining to this land. No person will have any objection. An uncertified copy of the will dated 6-11-89 has been filed during the course of arguments by each of the parties.

( 4 ) PURSUANT to the will dated 6-11-1989 Vijaykumar Hathisingh Shah the executant has executed the sale on 6-1-1990 in favour of Shri Uttar