MADHUBEN Vs. PRABHATBHAI JIVABHAI PATEL

JUDGEMENT

(1.) Present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of seeking following reliefs :-

(2.) The premise, on which the present petition is brought before the Court, is that the land bearing Block Nos. 395 and 397 of Village Kudasan was purchased by Jituji Vajesang Solanki from the original owner Punjabhai Girdharbhai Suthar. On 06.06.1957, Jituji died leaving behind the widow and three daughters viz. Shantaba, Sarbaben and Hejaba as class-one heirs. On 30.06.1957, Entry No. 762 came to be mutated only in favour of one daughter of the deceased Jituji and as such, it was recorded that a new entry be made to enter the names of the widow as well as left daughters of the deceased Jituji. On 28.02.1967, though the names of three daughters and the widow should have been recorded in the revenue record, one Entry No. 1045 was mutated in the names of Hameersinh Jaisinh and Nathusinh Jaysinh as sons of brother of Jituji. On 25.03.1989, after the death of said Hameersinh, the names of his heirs were entered in the revenue record vide Entry No. 1963. Against the said names viz. Hitendrasinh Hamirsinh, Yashwantsinh Hamirsinh, Chandravijaysinh Hamirsinh and Manharba - widow of Hamirsinh, legal heirs of deceased Hamirsinh, one of the daughters of Jituji filed RTS Proceedings No. 16 of 1989 for setting aside the Entry No. 1045 which was dismissed on account of non-joinder of necessary party and then on 16.08.1991, the heirs of the deceased Hamirsinh executed a sale deed for both the lands in favour of Vadibhai Bababhai Patel, Ishwarbhai Ambalal Patel and Tribhuvan Ambalal Patel for which Entry No. 2175 was made in the revenue record. On 14.09.1993, said Vadibhai and others have further executed a sale of both the lands in favour of one Pradip Rasesh Patel and then, the entry was mutated for that transaction being Entry No.2318 in the revenue record. On 26.05.1995 again, RTS Appeal SR No.35 of 1996 was filed by one legal heir of the deceased Jituji for cancellation of original entry No.1045 and the order cancelling it was passed by the Prant Officer and the direction was given to verify the names of legal heirs of Jituji. On 03.06.1997, one another entry was made being Entry No. 2680 recording the above order dated 26.05.1997 and then, on 03.06.1997 again, an entry was effected being Entry No. 2681 recording the names of following persons qua the land in question :-

(3.) With the aforesaid background of facts, the Court has considered the rival submissions in the present proceedings.