Important Point
When there stands executed a registered sale deed in respect of land in question in favour of petitioners, entry in revenue record on the basis of such transaction has to mutate in revenue records.

The petitioners have addressed their challenge to order dated 21st November, 1996 passed by Deputy Collector, Rajkot, whereby the Deputy Collector allowed appeal under Rule 108(5) of Gujarat Land Revenue Rules of respondent No.4-Gopalnagar Cooperative Housing Society Limited and directed cancellation of order dated 7th June, 1964 of Mamlatdar, Rajkot mutating Entries Nos. 2679, 2680 and 2681 dated 18th April, 1964. Those entries were mutated in the name of the petitioners in respect of land bearing Survey No. 266 admeasuring 22 Acres and 17 Gunthas.

2. The aforesaid land belonged to respondent No.4 society which was purchased by the society in the year 1959. As per the case of the petitioners, the society remained defunct, and the general body of the society resolved on 15th April, 1964 to sell the land to the petitioners. By three different sale deeds dated 6th August, 1964, 19th January, 1967 and 31st August, 1968 in the name of petitioner No.1-Dudhiben and petitioner No.2-Bava Kesha, the property came to be sold. Thereupon on 18th April, 1964, three Entries Nos. 2679, 2680 and 2681 came to be mutated. According to the petitioners, the land was sold to them by one Jagannath Gaurishankar Bhatt who happened to be the president of respondent No.4-society. Petitioners have stated that since then they have been in possession and have tilled the land and that their names are reflected in the Village Form 7/12 also. Out of the total land, 12 Gunthas of land was got converted into non-agricultural in the year 1975 by the petitioners and came to be sold to a third party. Respondent No.4 society went into liquidation and as order dated 13th January, 1972 came to be passed under Section 107(3) of the Cooperative Societies Act. The liquidation order was set aside by Additional Registrar, Cooperative Societies on 7th March, 1994. The subsequent development about the land in question falling under Town Planning Scheme No.6, Rajkot is not in dispute. The State Government sanctioned the said town planning scheme in which the land in question came to be converted to Original Plot No.10 and Final Plot No.23.

3. It is the case of the petitioners that the aforesaid revenue entries recorded in the year 1964 upon purchase of land by the petitioners, sought to be questioned by an organizer of respondent No.4-society who made an application in the year 1996. The appeal culminated into the impugned order.

3.1 According to respondent No.4-society which contested the petition by filing affidavit-in-reply, the so-called purchase of land of the society by the petitioners was fraudulent; said Jagannath Gaurishankar was never either member or president of the society; the society had purchased the said land by sale deed on 16th February, 1959, for which Entry No.360 was recorded on 31st August, 1959. The stamp duty was not adequately paid and the deficit stamp duty was paid on 19th August, 1984, whereupon only the sale deed was registered in favour of the society on 19th September, 1984, therefore when the petitioners claimed to have purchased the land, the title could not be said to have passed in favour of the society. It was contended that petitioner Nos.1 and 2 were husband and wife who suppressed the facts to enter into the transaction, and did not hand over the possession to the liquidator. It was contended that the alleged document of sale dated 17th April, 1964 in favour of the petitioners was never registered document, and the registered document was executed subsequently. Therefore, it was contended that on the basis of such unregistered document, entry could not have been mutated. It was contended that the petitioners suppressed about Lavad Case No.102 of 1997 before the Board of Nominee.

3.2 In rebuttal to reply of respondent No.4, petitioners contended that lavad suit was never the basis and they maintained that the document of sale was signed by the president of the society, that is, Shri Jagannath Gaurishankar Bhatt who died on 23rd J