LAWS(GJH)-2007-3-90

DECEASED BHALABHAI LALLUBHAI, THROUGH HIS HEIR & LEGAL REPRESENTATIVE - SUMANBHAI BHALABHAI SOLANKI Vs. STATE OF GUJARAT

Decided On March 30, 2007
Deceased Bhalabhai Lallubhai, Through His Heir And Legal Representative - Sumanbhai Bhalabhai Solanki Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE parties are heard.

(2.) BLOCK No.203 of Village -Kosam, Taluka: Thasra, District: Kheda, admeasuring 5 Acres, 7 Gunthas belonged to certain persons as joint owners. The respondent No.3, Sakarben - widow of Madhabhai Sanabhai, under the law was entitled to 1 Acre 11 Gunthas in her share; she sold her property by a registered Sale Deed dated 28th June, 1971, in favour of one Galabbhai Dabhaibhai. An entry came to be made on 7th November, 1971 in the revenue records evincing that Galabbhai Dabhaibhai had purchased the property.

(3.) SHRI Patel, learned Advocate for the petitioner, submits that the transaction of the year 1971 could not be set aside in the year 1983/84 and in any case, the proceedings could not be initiated after a lapse of twelve years. Placing his strong reliance upon a judgement of the Division Bench of this Court in the matter of Valjibhai Jagjivanbhai vs. State of Gujarat [(2005) 3 G.L.R. 1852], he submits that if no period of limitation is provided for exercising the revisional powers, then, such powers must be exercised within reasonable time.