SUNITA AGARWAL, PRANAV TRIVEDI
Heirs of Decd. Ranjitsinh Bhimsinh Vaghela, Bhupendrasinh Ranjitsinh Vaghela – Appellant
Versus
Collector, Gandhinagar District – Respondent
JUDGMENT :
(Sunita Agarwal, CJ.) :
ORDER IN CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4172 of 2024
The delay of eight days in filing the instant appeal has been explained to the satisfaction of the Court. The Delay Condonation Application is hereby allowed. The delay in filing the appeal is condoned. Office shall allot regular number to the appeal.
ORDER IN CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4182 of 2024
The delay of nine days in filing the instant appeal has been explained to the satisfaction of the Court. The Delay Condonation Application is hereby allowed. The delay in filing the appeal is condoned. Office shall allot regular number to the appeal.
COMMON ORDER IN LETTERS PATENT APPEAL NO.1353/2024 AND LETTERS PATENT APPEAL NO.1355 OF 2024
1. Both the above noted appeals arise out of the common judgment and order dated 12.02.2024 passed by the learned Single Judge. They have been heard together and have been decided by this common judgment and order.
2. Heard Mr Anshin Desai, learned Senior Advocate assisted by Mr Sudhanshu Jha, learned counsel for the appellant and perused the record.
3. The instant appeals are directed against the judgment and order dated 12.
The court established that rights to land can be extinguished by non-payment of purchase price, and unchallenged orders prevent revival of claims.
A Tribunal must consider delay and established equity before ruling on tenancy rights; long possession and undisputed admissions can override substantial delays, ensuring justice is served.
The main legal point established is that unexplained delay in challenging an order and the validity of a land transaction under the Tenancy Act can lead to the rejection of the appeal.
Point of Law : Powers under Article 227 of the Constitution of India to interfere with a finding within the jurisdiction of inferior tribunal except where the findings are perverse and not based on a....
A judgment obtained by fraud is a nullity and can be challenged at any time. Fraud and justice cannot coexist, and those approaching the court must do so with clean hands.
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