VARIS GULAMBHAI MAHIDA Vs. MOHSIN AIYUB SIDAT

JUDGEMENT

(1.) The applicant is defendant no.5 of Special Civil Suit no.21/18 filed before the learned Principal Senior Civil Judge, Mandvi who had moved an application below Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short 'CPC') which came to be rejected on 18/4/2019. Aggrieved by the said order, the present revision under Sec. 115 of the CPC has been filed.

(2.) The plaintiff before the learned Principal Senior Civil Judge, Mandvi brought the case that he along with defendants no.6 to 8 are real brothers, defendant no.9 is uncle, while they have no connection with rest of the defendants. Defendant no.5 is the purchaser from defendants no.1 to 4, of the property bearing revenue survey no.871 and 872 of Village Kosamba, Taluka Mangrol, District Surat.

(3.) The plaintiff stated that his father-Ayub Suleman Sidat had purchased the property from the original owner - Dahyabhai Becharbhai on 24/6/1971 by registered sale deed for consideration of Rs.5,000.00. The land being new tenure, by paying premium amount of Rs.1,342.20 ps. vide order dtd. 17/6/1971 of the Deputy Collector, Olpad Sec. in No.Tenancy/Vashi, the sale was mutated in the revenue office by entry no.2259 on 28/10/1971 which was certified on 25/12/1971. Thus, Ayub Suleman Sidat, father of the plaintiff and defendants no.6 to 8 became the owner in possession of the land.