CHIGRABHAI RAJIYABHAI CHUDHARI Vs. BALUBHAI JAGABHAI CHAUDHARI

JUDGEMENT

(1.) By this Appeal, the appellants have challenged judgment dtd. 28/4/2017 passed by learned Principal Senior Civil Judge, Bardoli by which, the Special Civil Suit no.8 of 2017 has been rejected.

(2.) Vide order dtd. 3/11/2017, notice was issued for final disposal and the paper-book having been made available, the appeal is taken up for final disposal. For the sake of convenience, the parties are referred to as per their status in the Special Civil Suit no.8 of 2017.

(3.) Mr.Dipak Dave, learned advocate for the appellants- applicant-original plaintiffs, submitted that the Collector, by passing an order on 4/3/1978 granted permission to sell the land of which necessary mutation entry no.1484 has been posted in the revenue record and was certified on 30/5/1978. Thereafter, on 10/5/1978, a registered sale deed was executed by the forefathers of the plaintiffs and some of the plaintiffs in favour of defendant nos.6 to 8 with respect to land bearing survey no.91 block no.131 admeasuring acres 11 - gunthas 28 (hereinafter referred to as the 'land in question'). It is submitted that since division was not permissible, the sale deed was executed and thus, on the very same date, an agreement to sell was also executed between the parties, i.e. the plaintiffs and their forefathers on one hand and defendant no.6 on the other.