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2007 Supreme(Guj) 20

R.S.GARG
LALITABEN BALDEVBHAI MANIBHAI SUTHAR – Appellant
Versus
NIRUBEN RAMANBHAI SUTHAR – Respondent


Advocates Appeared: B.G.Patel, YATIN SONI

( 1 ) MR. B. G. Patel, learned counsel for the petitioner, Mr. Yatin Soni, learned counsel for the respondent Nos. 1/1 to 1/3, Mr. A. Y. Kogje learned Assistant Government Pleader for the respondent Nos. 2 and 3 ? State.

( 2 ) BY the present writ application, petitioner seeks to challenge the order dtd. 29/8/1992 passed by the Deputy Collector in RTS Appeal No. 53 of 1992, order dtd. 24/2/1993 passed by the Collector in RTS Revision No. 91 of 1992 and order dtd. 23/5/1995 passed by the Secretary, Revenue Department in Case No. SRD/b/hkp/43 of 1993.

( 3 ) THE undisputed facts are that one Manibhai Hargovandas Suthar owned and possessed land bearing Survey Nos. 307, 308, 302 and 375 which were made a Block, numbered as No. 723, after coming into force Consolidation Act at village Khadana. The said Manibhai Hargovandas Suthar died on 15/8/1947 and was survived by his son ? Baldevbhai Manibhai Suthar and minor daughter Shantaben. On an application-cum-information given by Baldevbhai Manibhai Suthar to the Talati-cum-Mantri, Mutation Entry No. 2192 was made in favour of said Baldevbhai on 18/2/1948, undisputedly, the entry was certified.

( 4 ) BALDEVBHAI Manibhai Suthar died on 8/4/1990












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