ORDER :

1. This is an application seeking grant of leave to the Second Appeal under Section 151 /w. Section 96 of the Code of Civil Procedure, 1908 challenging the order passed by the 3rd Additional District Judge (Rural), Ahmedabad in Regular Civil Appeal No. 43 of 2007 dated 20.03.2020.

2. The facts leading to the filing of the present application as stated by the applicant are summarized thus:

2.1. It is the case of the applicant that the applicant is an agriculturist and owner of land bearing Survey No. 761/1+2 undivided portion, 761/3/1, 761/3/2 and 76/5 admeasuring 11 acres and 5 gunthas of land of Village: Naroda, Tal. & Dist.: Ahmedabad. It is the case of the applicant that grandfather of the applicant i.e. late Jethabhai Dalabhai Mevada desirous of purchasing the abovereferred agricultural land and entered into negotiations with the respondent no.2 – Sakalchand Ishvarbhai Patel (the joint owner of the lands) and on due verification with regard to the details of the land question, it came to the knowledge of the grandfather of the applicant that respondent no.2 - Sakalchand Ishvarbhai Patel had earlier executed one agreement to sale with Jivanbhai Ambalal Patel of Unja for the said lands in the year 1982 with possession. Since then the possession of the land was handed over to the kith and keen of Jivanji Patel i.e. Gabhaji and since then Gabhaji was the caretaker of the above-referred land.

2.2. It is further submitted that the parties have arrived at an understanding and the possession of the above-referred land was handed over by Gabhaji to the grandfather of the applicant herein and the applicant’s grandfather made Bana-payments to the respondent no.2 – Sankalchand Patel, and on the basis of the understanding, the electric bill of the land in question was paid by the applicant’s family. In such circumstances, the respondent no.1 instituted the suit being Special Civil Suit No. 269 of 1994, which came to be dismissed, against which the First Appeal No. 565 of 2001 came to be filed before this Court by the respondent no.1 and subsequently, the same came to be transferred to the District Court bearing Regular Civil Appeal No. 43 of 2007. The District Court passed the order in Regular Civil Appeal No. 43 of 2007 by quashing and setting aside the judgment passed by the Civil Judge in Special Civil Suit No. 269 of 1994 and allowed the suit filed by the respondent no.1 herein. The respondent no.2 – Sankalchand Patel on the basis of the transaction entered into between the father of the applicant and the respondent no.2, the Power of Attorney came to be executed by the respondent no.2 in favour of two persons, viz. Dahyabhai Dalabhai Mevada and Nitaben Jayantilal Mevada. Accordingly, the heirs of respondent no.2 acknowledged the payments made by the grandfather of the applicant and also accepted by the respondent no.2. Subsequently, pursuant to the above-referred transaction, a registered sale deed came to be executed by the power of attorney holder in favour of Jethabhai Dalabhai Mevada.

2.3. The grandfather of the applicant expired on 11.11.2000 and with a view to grab the lands, the respondent no.2 issued a public notice for title clearance. The said notice came to be objected by the applicant by filing Regular Civil Suit No. 667 of 2001. It is further stated that the respondent no.2 filed Special Civil Suit No. 347 of 2001, inter-alia, challenging the sale deed executed in favour of the grandfather of the applicant. Considering the pending Special Civil Suit No. 347 of 2001, the applicant was in possession of the suit land and the same came to be confirmed on the basis of Panchnama, hence, status-quo came to be granted qua the suit land and the possession of the applicant is continued since 1993 and has been in possession since then. The Special Civil Suit No. 347 of 2001 came to be withdrawn unconditionally, by the heirs of the respondent no.2. The respondent no.2 entered into the sale deed with the respondent no.1 by regi