PUNAMBHAI DAHYABHAI PATEL Vs. NANABHAI PRABHUDAS BHOI

JUDGEMENT

(1.) MR .B.G. Patel, learned counsel under the authority of Mr.R.A. Mishra, learned counsel for the petitioners in Special Civil Application No.8918 of 1999, Mr.Trilok Patel, learned counsel under the authority of Mr.Jitendra M.Patel, learned counsel for the petitioner in Special Civil Application No.8927 of 1999. Mr.M.A. Kharadi, learned counsel for the respondent No.1 in each of the petition and Ms.Nisha Parikh, learned Assistant Government Pleader for the respondent authorities State in each of the petition.

(2.) SHORT facts necessary for disposal of the present petition are that the respondent No.1 was holder of and owned Survey No.154/1 admeasuring 9 Acres and 19 Gunthas land of Village Jafrabad, Taluka Godhra, District Panchmahals. He entered into an agreement dtd.20/9/1982 to sell the entire land in favour of proposed Yogeshvarnagar Cooperative Housing Society for a consideration of Rs.1,96,999=00 and received a sum of Rs.21,000=00 as earnest money. It appears that on 20/9/1982, the respondent No.1 Nanabhai Prabhudas Bhoi executed a Power of Attorney on Stamp Paper of Rs.50=00 in favour of Ranchhodbhai Punabhai Raval (petitioner in Special Civil Application No.8927 of 1999 in respect to the above referred land. Thereafter, the said Ranchhodbhai Punabhai Raval started converting land admeasuring 4 Acres and 1 Guntha for non -agricultural purchase under order dtd.3/3/1983 passed by the Competent Authority. It is also the case of each of the petitioner that in addition to the power of attorney dtd.20/9/1982, said Nanabhai Prabhudas Bhoi executed yet another power of attorney dtd.19/4/1983 in favour of respondent No.2 giving him absolute authority to transfer the non -agricultural land.

(3.) IT is the case of each of the petitioner that the respondent No.1 Nanabhai Prabhudas Bhoi received a sum of Rs.89,686=00 towards total amount of consideration.