ORAL JUDGMENT

1. Rule. Learned Assistant Government Pleader Mr. Nikunj Kanara waives service of rule on behalf of the respondents.

2. Brief facts of the case are as under :

2.1) Petitioners no. 1 to 4 are the legal heirs of deceased Lakhmanbhai Hirabhai Harijan (Chavda) and petitioner no.5 is the subsequent purchaser of the said property.

2.2) Deceased Lakhmanbhai Hirabhai Harijan had been granted land bearing survey no. 176 admeasuring 4 Are 00 gunthas by the Deputy Collector, Morbi by order dated 29th June, 1981. The name of late Lakhmanbhai Hirabhai was reflected at Serial no.3 in the said order. Thereafter, separate order was passed in favour of late Lakhmanbhai Hirabhai on 1st September, 1981 and possession was handed over to him by drawing panchnama by the Circle Inspector, Paddhari. The land allotted was a new tenure land and the name of late Lakhmanbhai Hirabhai was mutated in the revenue record vide Entry No.901 dated 1st October, 1981 which was certified on 12th February, 1982.

2.3) Lakhmanbhai Hirabhai expired on 21st May 1983 and names of the legal heirs have been brought on record in the village form nos, 7 and 12 and 8A. The heirs of deceased Lakhmanbhai Hirabhai applied f