KASHIPURI RAJPURI Vs. RABARI MELA SALA

JUDGEMENT

(1.) This revision application is concerned with two agricultural lands hereinafter referred to as Bavalia and Kumbharia lands situate at Nagwada in Dasada Taluka District Surendranagar. The litigation in question has had a somewhat chequered career and therefore it becomes necessary to state a few facts in order to appreciate the respective stands taken by the parties.

(2.) The first petitioner is the son of the second petitioner and at all material times formed a joint and undivided Hindu family along with one Mohanpuri the second son of the second petitioner. The two lands in question stood in the revenue records in the name of the second petitioner. Both the properties were barkhali lands and therefore were governed by the Barkhali Abolition Act 1951 In his deposition before the Debt Adjustment Board to which I shall presently refer the first petitioner took the stand that he was a barkhalidar of Nagwada.

(3.) On May 5 1950 the first petitioner executed a registered mortgage deed in respect of the Bavalia field in favour of the respondent-creditor. That fact is not disputed by either of the petitioners. On November 23 1952 the first petitioner and the said Mohanpuri executed a sale deed for a consideration of Rs. 800/in respect of the Kumbharia land. As the first petitioner and Mohanpuri were illiterate their signatures in the sale deed were made on their behalf by one Jayantilal since deceased and those signatures were attested by two witnesses. The said deed also bore the signature of the second petitioner but that signature was below the attestations and it was said that the signature of the second petitioner was taken some days after November 23 1952 and the amount of Rs. 300/out of the said amount of Rs. 800/was also paid subsequently. The sale deed however was unstamped and unregistered and therefore. no transfer of property could take place thereunder.