MAMAD SULEMAN HASAM TURK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has sought following main prayers in this petition:

(2.) The petitioner is a purchaser of land bearing Revenue Survey No.112/1 of Village Dhrab, Taluka Mundra, District Kutch by registered sale deed No.404 dated 15/09/1989; the revenue entry in respect of which was made bearing No.1924 was made initially; but rejected later on, by the Mamlatdar, Mundra and the petitioner having failed in the challenge to such rejection with the several authorities indicated in the petition, is now before this Court with this petition.

(3.) It is the case of the petitioner that originally the revenue entry for the lands aforesaid was mutated bearing No.32 in the name of Aadam Osman and upon his demise, it was mutated at Sr. No.642 in the name of his heir i.e. wife of his brother on 22/12/1977; in absence of Class-I heirs of the said deceased. It appears that, post the demise of Mariyabai - the wife of brother of Osman in the year 1984-85, no mutations were made despite there being heirs of said Mariyabai who have conveyed the title of the property by sale deed dated 15/09/1989 to the petitioner, who according to him, has been put in possession of the land. Entry in the name of Mariyabai was however mutated in the year 1997 at Sr. No.963 and then there was a mutation in favour of the petitioner at Sr. No. 1924 which was eventually removed and which is the subject matter of this petition.