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2023 Supreme(Guj) 153

ARAVIND KUMAR, ASHUTOSH SHASTRI
STATE OF GUJARAT – Appellant
Versus
AJAY SURENDRABHAI PATEL – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SAHIL TRIVEDI.
For the Respondents: DHAVAL DAVE, JIGAR M. PATEL.

JUDGMENT :

ARAVIND KUMAR, J.

1. The appeal is of the year 2015. The same was admitted on 27.4.2015, hence, it is taken up for final disposal.

2. We have heard the arguments of Shri Sahil Trivedi, learned Assistant Government Pleader appearing for the State and Shri Dhaval Dave, learned senior counsel assisted by Shri Jigar M. Patel, learned advocate appearing for the respondent and perused the records.

3. The land bearing Revenue Survey Nos. 250/1 to 250/6 admeasuring 13891 sq. mtrs. Mauje: Makarba, Taluka: Daskroi, District: Ahmedabad (hereinafter referred to as “the subject land”) was allotted initially, in favour of one Lavar Chhaganlal Gangaram with a condition that same could not be subdivided vide order dated 15.6.1943. On the death of the original allottee on 5.3.1997, his legal heir namely Shri Purshottambhai, sought for mutating the revenue records and accordingly, it was mutated. On his demise, the legal heirs of Purshottambhai, sought for mutation of the revenue records and accordingly, the mutation was carried out in their names. The legal heirs of Purshottambhai, sold the land bearing Survey No. 250 to eight persons. Pursuant to which, the revenue records were mutated on 2

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