SHAMJIBHAI KESHAVJIBHAI KANSAGRA Vs. PRINCIPAL SECRETARY REVENUE DEPARTMENT

JUDGEMENT

(1.) In both the cases, as similar issue is involved, they were heard together and are being disposed of by this common judgment.

(2.) The brief facts of the cases are as follows:-

(3.) The 1st appellant, thereafter, preferred R.T.S. Appeal No.46 of 2006 before the 3rd respondent, which was rejected on 12.03.2007, against which, he moved a R.T.S. Revision Application No.17/2007 before the 2nd respondent, who by order dated 31.12.2007, set aside the matter, and remanded it back to the 3rd respondent, who registered the case as R.T.S. Remand Case No.18/2008, and after hearing, rejected the same by order dated 31.03.2008. The said respondent refused to believe the registered will, Manilal Hirabhai Patel being a Schedule Tribe person, having four sons and a daughter as lineal descendants. Thereafter, R.T.S. Remand Case No.18/2008 was also rejected on 15.12.2008. Thereafter, a Revision Application No. RTS/NVS/3/2009 was preferred by the 1st appellant before the 1st respondent-State under Rule 108(6)(A) of the Rules, which was also rejected on 11/18.09.2009. The said order having been affirmed by the learned Single Judge, present appeal has been preferred.