VISHNUBHAI KHODIDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, the applicant has prayed for the following reliefs :-

(2.) The brief facts as stated by the applicant herein are that the complainant's mother named Kantaben Khodidas Patel, expired on 15/01/1987 at Saraspur and Khodidas Damodardas Patel was her father. Khodidas Damodardas Patel was maternal grandfather of the complainant who was the owner of the ancestral land bearing survey Nos. 10 paiki, 13, 552, 723, 774, 769, 191 and 871 situated at Village Ghuma. The maternal uncles of the complainant applied for mutation of the succession Entry no.2989 and 2990 in the revenue records and in this regard a false pedigree came to be prepared by not including the name of complainant's mother as a legal heir of Khodidas Damodardas Patel. It is further stated by the complainant that at that time, the leaders of Village named (1) Tribhovanbhai Pochabhai and (2) Ranchodbhai Madhavbhai made statement before the Talati on 02/02/1975, and stated that Khodabhai Damabhai had expired on 03/05/1974 and he has two surviving sons named Ramabhai Khodabhai and Vishnubhai Khodabhai as his legal heirs and his one son Naranbhai has expired and his is having one minor son Rameshbhai Naranbhai and widow Shantaben Naranbhai as his legal heirs and Khodabhai has no other legal heirs and thereby in the revenue records, the name of only 1) Rambhai Khodidas 2) Vishnubhai Khodidas 3) minor Rameshbhai Naranbhai and 4) Shantaben Wd/o Naranbhai Khodidas was mutated in the revenue records. It is stated by the complainant that Shantaben Wd/o. Naranbhai has expired and the name of his mother Kantaben was intentionally not mutated in the revenue records and thereafter partition of the said lands took place amongst the co-owners and entry to that effect was mutated in the revenue record by mutation entry No.3684. Thereafter the maternal uncles of the complainant 1) Prahladbhai Dayabhai, 2) Muljibhai Dayabhai and 3) Ranchodbhai Dayabhai sold the land bearing survey No. 769 to Vimalkumar Pravinchandra by registered sale deed No. 8648/93 on 20/04/1993. Further the land bearing survey Nos. 175, 195, 196/1 were sold to Savjibhai Haribhai Patel and Kantaben Savajibhai Patel by registered sale deed No.27439/93 on 27/12/1993.

(3.) It is the case of the complainant that accused on the basis of false pedigree did not mention the name of the mother of the complainant Kantaben and has created a false pedigree and mutated their names in the revenue records vide entry no. 2989 and 2990 and thereby sold the land to different persons and committed the alleged offence and hence the present complaint, which is the subject matter of the present application.