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2003 Supreme(Guj) 195

P.B.MAJMUDAR
SHREERANG DEVELOPERS – Appellant
Versus
HIMMATLAL JAMNADAS MANIAR – Respondent


Advocates Appeared: A.J.PATEL, A.J.SHASTRI, A.S.VAKIL, N.V.Solanki, P.M.THAKKAR, S.B.VAKIL

P. B. MAJMUDAR, J.

( 1 ) ). SINCE common points are involved in all these Appeals, with the consent of parties, all these Appeals are taken up for hearing together. So far as A. O. Nos. 190, 191, 282, 283 and 365 of 2002 are concerned, they are at the admisison stage and it is agreed that the said Appeals are also to be heard finally, along with the other Appeals, which are already admitted by this Court. Accordingly, the said Appeals are also ordered to be admitted and heard finally with the rest of the appeals.

( 2 ) THERE is a property, bearing Ward No. 2, Nondh No. 3, situated at Ring Road, Rustampura, Surat City. There was a big parcel of land, which originally belonged to one Sarguru Niyazali Shah and his four sons. There were many hutment dwellers occupying portion of the said property. The said hutment dwellers were the tenants of the original owner, Sarguru Niyazali Shah. The said original owner, Sarguru Niyazali Shah, by various sale deeds, sold away the said property, viz. , 43 plots, to 22 persons, including the present plaintiffs. The said property was sold to the plaintiffs and other purchasers in October, 1983 by way of registered sale deed and accordingly, the plaint





























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