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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ, D.N. RAY
State of Gujarat thro Principal Secretary – Appellant
Versus
Legal Heirs of deceased Gulabchand Devraj Shah – Respondent
ORDER :
D.N.RAY, J.
1. Having heard Ms.Maithili Mehta, learned Assistant Government Pleader for the appellants and Mr. A. R. Thacker, learned advocate with Mr. Shivang A. Thacker for the respondent No,1, 1.2 to 1.4 and Mr. Nikhilesh J. Shah, learned advocate for the respondent No. 2.
2. Brief facts of the case are as under:-
2.1 The land in dispute, bearing Revenue Survey No. 11, City Survey No. 38, Survey No. 3361, admeasuring 14 acres and 0 gunthas, situated at Mouje Anjar, Taluka and District Kutch (hereinafter referred to as “the said land”), was originally granted on leasehold basis by the erstwhile Ruler of Kutch under an order dated 30.03.1935. The lease was granted for a term of 25 years to one Jadavji Hansraj for the specific purpose of establishing and operating a ginning and processing unit. The grant was subject to certain terms and conditions. It appears from the record that the said Jadavji Hansraj transferred the said land to one Somchand Shankarlal Shah. Subsequently, in the year 1947, the transferee in turn conveyed the land to Premchand Vrajlal Shah. Thereafter, in the year 1969, Premchand Vrajlal Shah, by way of a gift deed, transferred the said land to Gulabchand De
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