STATE OF GUJARAT Vs. JITENDRASINH JAGMALSINH SODHA

JUDGEMENT

(1.) State as well as petitioners in Special Civil Application No.21678 of 2016 have preferred these intra- court appeals by questioning the correctness and legality of the order dtd. 17/9/2019 passed in Special Civil Application No.21678 of 2016 with Special Civil Application No.21717 of 2016.

(2.) In respect of property bearing Survey No.71/2 admeasuring Hectare 1/24/44 sq.mtrs. mutation entry Nos.35, 38, 569, 604, 1243 and 1337 were made in the name of Jitendrasinh Jagmalsinh Sodha originally. The dispute in the Special Civil Applications is with regard to Entry Nos.44, 401, 520 and 707 mutated in the revenue records of village Reladi Moti, Taluka Bhuj, District Kutch, in respect of Survey No.64 admeasuring 4-Hectare 63-Aare and 67 sq.mtrs. Mutation entry No.401 was made in revenue records on 2/4/1990 which came to be certified on 16/6/1990 based on the Sale Deed executed by Devraj Vira Govind in favour of Rabari Kana Gagoo on 22/3/1990. On the death of Rabari Kana Gagoo, names of his legal heirs were entered into and the revenue records was accordingly mutated on 25/1/1993 and certified on 26/5/1993.

(3.) Petitioners had purchased the said land under registered Sale Deed dtd. 8/11/1994. Likewise under registered Sale Deed dtd. 20/8/1996, Manoharsinh Mahobatsinh Sodha and his mother purchased portion of Survey No.64 under registered Sale Deed dtd. 1/8/1996 resulting in revenue records being mutated by mutation entry No.707 and certified on 6/11/1996.