HONOURABLE MR.JUSTICE J.B.PARDIWALA

1. Appellant, original petitioner by way of this appeal seeks to challenge order passed by learned Single Judge dated 16.12.2009 in the Writ Petition being Special Civil Application No.13067 of 2008; wherein, learned Single Judge dismissed the petition.

2. Facts relevant for the purpose of deciding the present appeal can be summarized

as under:

2.1 The appellant original writ petitioner and his brother, namely, Dayaljibhai Ravjibhai Patel were the joint owners of the land bearing block No.72, admeasuring 2 Hectares 73 Gunthas 51 Ares situated at village: Parujan, Tal. Jalalpore. Dayaljibhai Ravjibhai Patel i.e. brother of the appellant herein transferred his one half (½) share in favour of respondent No.1 vide registered sale dated 21.9.1986; whereas, the share of the appellant herein was given on lease in favour of respondent No.1 for a monthly rent of Rs.200/-vide registered

lease dated 21.5.1986. Record reveals that the said lease deed dated 21.5.1986 was executed by Dayaljibhai Ravjibhai Patel as the Power of Attorney of the appellant herein. Record also reveals that necessary mutation entry No.1276 and 1277 dated 7.10.1986 were effe