BHARATBHAI LALJIBHAI NAKUM Vs. KANJIBHAI DEVSHIBHAI NAKUM

JUDGEMENT

(1.) The present appeal under Clause 15 of the Letters Patent arises from the order dated 2.9.2009 passed by the learned Single Judge in SCA No. 1581 of 2009. By the order impugned in the present appeal the learned Single Judge has rejected the petition and confirmed the orders passed by the Revisional Authority and by the Collector.

(2.) The appellant, who is the original petitioner, had challenged the order dated 8.4.2008 passed by the Revisional Authority viz. Secretary (Disputes) in Revision Application No. MVV/HKP/RJT/1/01 (annexure-E, Page 62/A) which was filed by present appellant. The Revisional Authority, by order dated 8.4.2008 rejected the said Revision Application and confirmed the order dated 20.12.2000 passed by the Collector in Land (revision) Case No. 2/2000-2001. The said proceedings before the Collector were filed by present respondent No. 1. The dispute considered by the aforesaid authorities arose from Revenue Entry No. 1914 made in respect of two parcels of land bearing Survey No. 227 and Survey No. 1249 situate at Moje Madhapar, Taluka Morbi.

(3.) It comes out from the record that one Shri Devshibhai Devabhai owned aforesaid land bearing Survey No. 227 and Survey No. 1249 at Madhapar, Morbi. During his life time said Mr. Devshibhai appears to have partitioned the properties including the said lands and thereafter requested the authority to make necessary entry in the revenue record and that therefore the Talati made entry on 1.1.1982 and simultaneously issued notice under Section 135D and commenced the proceedings. The said entry and notice under Section 135D resulted into litigation between the appellant petitioner on one hand and the respondent No. 1 on the other hand. The proceedings which commenced after notice under Section 135D came to be decided by Mamlatdar by order dated 20.11.1982 whereby the objections raised by present respondent No. 1 were rejected and joint entry in the name of present appellant Nos. 1 to 3 was confirmed. After entire round of litigation in connection with the said entry No. 1914, the case was again placed before the Mamlatdar, Morbi who heard and decided the matter by order dated 15.12.1999 and certified the entry No. 1914. What is pertinent to be noted is that the Mamlatdar passed the said order dated 15.12.1999 by taking into account the settlement dated 25.2.1980 said to have been arrived at between the parties in Civil Proceedings viz. Civil Suit No. 43 of 1980 which was filed by preset respondent No. 1 claiming 1/6th share in the properties in question. We shall deal with the said order dated 25.2.1980 in the Civil Proceedings little later, after noting the events connected with the revenue proceedings.