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2012 Supreme(Guj) 592

C.L.SONI
RAJNIKANT CHHOTABHAI PATEL – Appellant
Versus
PATEL KANTIBHAI FULABHAI BIN MATHURBHAI DECD. THRO HEIRS – Respondent


Advocates Appeared:
MR. DC DAVE, ADVOCATE for the Appellant(s) No. 1
MR. MAYUR RAJGURU, ADVOCATE for the Defendant(s) No. 1 - 1.5 , 2
RULE SERVED for the Defendant(s) No. 3

JUDGMENT

1. This appeal under Section 100 of the Code of Civil Procedure is filed by the original defendant No.1 against whom as well as against other defendants the respondent Nos.1 and 2 - original plaintiffs filed Regular Civil Suit No.250 of 1968 seeking possession of the suit property. The case of the plaintiff in his suit is that, uncle of the defendant No.1 named Patel Kalidash Desaibhai acting as his guardian illegally got sale deed executed on 2.3.1959 for consideration of Rs.2,500/- in favour of the defendant No.1 and on the same day he had executed a cross agreement as guardian of the defendant No.1 as per which the suit property was to be reconveyed within 10 years after expiry of 5 years from the date of such deed by taking back Rs.2,500/- from the plaintiffs. It is further case of the plaintiffs that the said document was contrary to the provisions of Fragmentation Act and, therefore, the defendant No.1 did not acquire any right in the suit property. The defendant No.1 is thus in illegal possession of the suit property. The plaintiffs are ready and willing to pay Rs.2,500/- to the defendant No.1 and the defendant No.1 therefore is under obligation to give back the poss




















































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