MANJULABEN SUNDERLAL VASAWA Vs. RD PANDER DY SECRETARY

JUDGEMENT

(1.) THE present petition is filed by (i) Manjulaben Sunderlal Vasava; (ii) Mahendrabhai Chhotalal Patel; (iii) deceased Soniben Kupjibhai Talshibhai, by her heirs petitioner nos.3/1 to 3/5. THE facts of the case are that original landlord Soniben, daughter of Kupjibhai Talshibhai executed a Will on 14th January 1980 and by that Will some land out of land bearing Survey No.32 admeasuring 1-Hectare-42-Are-70-sq.meters and Survey No.35 admeasuring 0-Hectare-0-Are-9038 sq.meters were given to petitioner no.1 and petitioner no.2.

(2.) THE facts set out in paragraph 1 of the petition and the facts set out in order passed by the Deputy Collector dated 31st July 1997, a copy of which is produced at Annexure 'A' and the facts set out in order passed by the Secretary (Appeals) dated 29th October 1999, a copy of which is produced at Annexure 'B' are not the same. THErefore, the facts as set out in the orders of the Deputy Collector and the Secretary (Appeals) are taken as true.

(3.) HENCE, this petition is found without any substance. The same is dismissed. Rule is discharged. No order as to cost.