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2014 Supreme(Guj) 77

G.B.SHAH
Vishnubhai Parshottambhai Patel Since DECD through Heirs – Appellant
Versus
Somabhai Harmanbhai Patel – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. V.C. Desai, Advocate for Petitioner Nos. 1-1.2, 2
For Respondents/Defendant:Mr. Rahul Dave, AGP for Respondent No. 9, Mr. Rajesh B. Soni, Advocate for Respondent No. 2

JUDGMENT

G.B. Shah, J.

1. Heard, Mr. V.C. Desai, learned advocate for the petitioners, Mr. Rajesh B. Soni, learned advocate for the respondent No. 2 and Mr. Rahul Dave, learned Assistant Government Pleader for respondent No. 9. Rule served to respondent Nos. 1 and 3 to 8. Being aggrieved by and dissatisfied with the judgment and order dated 09/01/2012, passed in RTS No. 23 of 2003 by the Additional Secretary (Appeals), Revenue Department, Ahmedabad-the respondent No. 9 herein, by which the judgment and order, passed by the Collector, Kheda, dated 29/01/2003 in RTS Revision No. 22 of 2002, cancelling the mutation entry No. 341 has been confirmed, the petitioners have preferred the present petition.

2. The uncontroversial facts of the case on hand are that the agricultural land bearing Block No. 69, admeasuring Hector 2, Acre 40 sq. Mt. 79 situated at Village Hajatia, Taluka: Mahudha, District: Kheda, originally owned by Harmanbhai Becharbhai and Babarbhai Becharbhai. In respect of said Block No. 69, land admeasuring Hector 1 Acre, 45 Sq. Mts. 68, was sold to the petitioners for Rs. 48,000/- by a Registered Sale Deed dated 26/05/1987 and possession of the said land was also handed over


























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