LAWS(GJH)-1995-2-69

SHANKERBHAI LALJIBHAI PATEL Vs. PATHABHAI PARBATBHAI GADHVI

Decided On February 22, 1995
SHANKERBHAI LALJIBHAI PATEL Appellant
V/S
PATHABHAI PARBATBHAI GADHVI Respondents

JUDGEMENT

(1.) By this application the applicants-original petitioners nos. 2 to 5 have sought review of the judgment and order passed by this court in Special Civil Application No 275 or 1983 rendered on 10.10.1994 by virtue or which the said petition came to be rejected

(2.) The main thrust of the present application for review is that there is apparent mistake on the record of the case which would warrant review In that petition the challenge was against the order passed in appeal by the appellate authority under the Gujarat Rural Debtors Relief Act 1976 passed on 1.1.1983 in appeal no 45-10/83 In that appeal the challenge was against the order passed by the Debt Settlement Officer Surendranagar on 29.9 Thus the appeal was under section 13 of the Gujarat Rural Debtors Relief Act 1976 (the said Act for short)

(3.) During the course of the submissions it was also pointed out that the present applicants are the purchasers of the disputed property from opponent no. 2 by virtue of a registered sale deed dated 19.11.1964 and since then they are in possession and enjoyment of the disputed property The predecessor-in-title of petitioners viz. opponent no 2 was granted occupancy certificate on 4.8 pursuant to an order passed by the competent authority on 7.12.1954 under the provisions of section 12 of the said Act in respect of two agricultural properties admeasuring 8 acres 28 gunthas and 2 acres 15 gunthas.