Reserved On : 22/01/2026 Pronounced On : 06/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SECOND APPEAL NO. 552 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE J. C. DOSHI ==========================================================

Approved for Reporting Yes No No ==========================================================

SHREE NOOTAN KELAVANI MANDAL, A TRUST REGISTERED UNDER THE PROVISIONS OF BOMBAY PUBLIC TRUST ACT, Versus DECEASED DHANUBEN DAHYABHAI PATEL THROUGH HEIRS AND LEGAL REPRESENTATIVES & ORS.

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Appearance:

MR JAL UNWALA, SR. COUNSEL WITH MS TEJAL A VASHI(2704) for the Appellant(s) No. 1 MR SAURABH M PATEL(5019) for the Respondent(s) No. 23 MR.P D.DESAI(3803) for the Respondent(s) No. 23 NOTICE SERVED BY DS for the Respondent(s) No.

10,11,1.1,12,13,14,15,16,17,18,19,2,20,21,22,3,4,5,6,7,8,9 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

CAV JUDGMENT

1. This Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) challenge concurrent findings judgment and decree drawn by learned Courts below, whereby, learned Principal District Judge, Valsad by judgment and order dated 12.11.2025 dismissed Regular Civil Appeal No.45 of 2024 confirming the judgment and order dated 31.08.2024 passed by learned Principal Senior Civil Judge, Valsad in Special Civil Suit No.22 of 2016 by which plaintiff’s suit was dismissed.

2. For convenience, parties are referred to as per their original status before the learned Trial Court.

3. Facts to decide admission of Second Appeal taken from record in nutshell are that the land of survey No.322/1 ad- measuring Hectare 00-89-33 sq.mtrs. situated in Village Bhagdawada (for short ‘disputed land’) originally stood in the name of deceased Chhibabhai Nichhabhai. The defendants of the suit are legal heirs and representatives of deceased Chhibabhai. According to plaintiff, in the year 1956, one Dayabhai had agreed to exchange disputed land with another piece of land belonging to plaintiff. Further as per averments made in the plaint, in the year 1957, possession of the suit land was handed over to the plaintiff Trust, in turn, plaintiff trust gave possession of land bearing Survey No. 430/3 admeasuring 00-01-10 sq. mtrs., and land bearing Survey No. 431/1, admeasuring 00-10- 00 sq. mtrs to Dayabhai in exchange. In line of this pleadings, it is averred that since 1956, plaintiff – trust is in possession of disputed land, pursuant to oral agreement took place between parties, exchange was carried. Plaintiff further put a case that in the year 1985, Dayabhai preferred application before Collector, Valsad seeks permission to sell disputed land as it was “new tenure land”. Survey by Government Department was carried out in the year 1990. The plaintiff further put the case that in the year 2002, Chhibubhai Patel and others raised fraudulent dispute with regard to road passing through disputed land; reply to which has been given on 30.07.2002 and it was duly acknowledged by Chhibubhai Patel.

3.1. In nutshell, the plaintiff Trust claims that plaintiff is in possession of the disputed land since the year 1957 pursuant to exchange of parcel of land between the parties by way of oral agreement. The plaintiff Trust according to averments have constructed boys hostel on the disputed land, since found threat by the defendants for dispossession, preferred Special Civil Suit against the defendants for claiming relief of specific performance of oral agreement and to execute sale deed or conveyance deed in favour of plaintiff – Trust.

3.2. Later on plaint was amended and relief in terms of para 20(1)(1/1) was added to cancel sale deed No.2467 registered on 25.04.2016; sale deed no.1817 dated 11.04.2017; sale deed no.3467 dated 14.06.2016; sale deed no.2093 dated 03.05.2017 and sale deed no.4929 dated 03.10.2017 and to be declared that it is not binding to the plaintiff.

3.3. Plaintiff further pra