AMINA JAMAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE short facts of the case are that Entry No.287 dated 03.01.1963 was mutated in the revenue record for the transaction of purchase of land by deceased Jamal Saru based on unregistered document on Stamp Paper of Rs. 10/ - dated 31.05.1958. The said entry continued on revenue record for a long time and in the year 1983, roughly after a period of 20 years, the revision was preferred by Sidi Abdul Basir being No. 14/84 before the Collector and as per the order dated 31.12.1983, the revision was dismissed. The said Sidi Abdul Basir carried the matter before the State Government in the year 1992 and vide order dated 21.02.1997, the said revision came to be allowed by cancelling the Entry No.287 and it is under these circumstances, the present petition.

(2.) HEARD Mr. Buch for Nanavaty Advocate for the petitioners, Mr. Shrimali for Mr. Girish Patel for the contesting respondents who are also added as per the order passed by this Court today in Civil Application No. 1662 of 2007 and Mr. Chayya, learned AGP for the State Authorities.

(3.) UPON hearing the learned counsel appearing for both the sides, it appears that the entry came to be mutated in the year 1963 and it is not in dispute that for asserting right in the property, two suits filed and were pending, one being No.6/94 and another being No.105/97. The entry remained in the revenue record for a period of about more than 20 years and therefore, as such, the State Government ought to have relegated the parties to pursue the remedy in the Civil Court and at the most, clarification could have been added for pendency of the proceedings before the Civil Court.