KANTILAL MAGANLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) MR .G.M. Joshi, learned counsel for the petitioner, Ms.Nisha Parikh, learned Assistant Government Pleader for the respondent Nos.1 to 3 State and Mr.A.R.Thacker, learned counsel for the respondent No.4.

(2.) THIS petition raises a very short question that whether the Mutation Entries made in the year 1982 and 1990 could be set aside on a notice issued on 20/12/1995.

(3.) THE land bearing Survey No.40 belonged to one Moganbhai Govanbhai, said to be cousin of the petitioner No.1. On 21/6/1978, the petitioner made payment of Rs.13,001=00 against sale price of Rs.56,175=00. On 24/6/1981, the said Maganbhai Govanbhai entered into an agreement with the petitioner to sell the entire land of Survey No.40 for a sum of Rs.2,50,000=00. Thereafter, certain amount was paid and according to the petitioner, entire sale consideration was paid. On 22/4/1982, Mutation Entry No.699 was made in the Village Form No.6, mutating therein the name of the petitioner No.1. Undisputedly, upto 22/4/1982, the petitioner has not obtained any registered document in his favour conveying the title relating to the land in favour of the petitioner.