PRABODHCHANDRA JAYANTILAL PATEL Vs. RAMESH BACHUJI THAKOR

JUDGEMENT

(1.) Civil Application No.6801 of 2005 is an application by a transferee pendente lite for substitution on record in place of deceased respondent namely, Thakor Bachuji Maganji, Civil Applications No.9715 of 2005, 9716 of 2005 and 9717 of 2005 are applications seeking condonation of delay, setting aside the abatement and for substitution of the legal representative of deceased respondent Thakor Bachuji Maganji.

(2.) It is to be seen from the records that after certain land belonging to Thakor Bachuji Maganji were acquired, an award was made somewhere in the year 1991, and Thakor Bachuji Maganji being dissatisfied with the amount awarded by the Land Acquisition Officer asked for a reference under Section 18 of the Land Acquisition Act.

(3.) During pendency of the land acquisition proceedings, on 1.8.1995 by execution of a sale deed, said Thakor Bachuji Maganji conveyed all his right, title and interest in favour of Prabhodchandra Jayantilal Patel and Divyesh Prabhodchandra Patel. It is not in dispute before us that in the said sale deed executed on 1.8.1995, the seller/vendor did not reserve any right unto him or did not enter into any covenant with the transferee that the vendor shall continue with the land acquisition proceedings, and whatever amount would be received by the vendor shall be received in the interest of vendees and shall be paid to them.