PRAVINABEN Vs. CHANDRABEN NAVNITLAL MODI

JUDGEMENT

(1.) Heard Mr.Keyur A. Vyas, learned Advocate for the petitioners, Ms. Nisha Thakore, learned Advocate appearing on behalf of the private respondents and Mr.M.R.Mengdey, learned AGP appearing for respondent Nos.6 and 7.

(2.) By way of this petition under Article 226 and 227 of the Constitution of India the petitioners have prayed for an appropriate Writ, direction and order quashing and setting aside order passed by the Deputy Collector, Surat dated 05.11.1998 in RTS Appeal No.2 of 1998 (Annexure - H) to the petition as well as order dated 27.01.2000 passed by the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.54 of 1998 (Annexure - L) to the petition.

(3.) The petitioners are the legal heirs of deceased, Gopalbhai Dhirajlal Shah. It is the case of the petitioners that the deceased, Gopalbhai Dhirajlal Shah had entered into an agreement for purchase of the property on 6.4.1971, which is now the subject matter of litigation with one Jogi Modi. By virtue of the said agreement, deceased was put in possession of the land in question and the same is mentioned in clause 4 of the will dated 10.6.1984 executed by Shri Jogi Modi. After the sad demise of Shri Jogi Modi, one Navnitlal Chimanlal Modi got entered his name in the record of Rights and an entry no.1248 was mutated, on the strength of the will executed by the deceased, Jogi Modi and the death certificate. The petitioner's predecessor, Shri Gopalbhai Dhirajlal Shah was not aware of any such mutation entry, When he came to know about the same he filed proceedings before the Deputy Collector being RTS Appeal No.15 of 1997, under the provisions of Bombay Land Revenue Code sought the cancellation of the mutation entry no.1248.