J. B. PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) xxx xxx xxx.

(2.) The finding is apparently erroneous inasmuch as the competent officer in his order has referred to the Entry No. 771 of records standing in the name of Jaynarayan Bhailalbhai Patel of the land in question which is situated in village Ankadia. Entry No. 771, copy of which has been filed in this Court and to which reference has been made by the competent officer reads in no uncertain terms that name of Jaynarayan Bhailalbhai Patel is being entered in the records in place of Bhailalbhai Ranchhodbhai who died on 7-9-1955. Bhailalbhai Ranchhodbhai is the father of Jaynarayan Bhailalbhai Patel. This entry No. 771 in the land records is a relevant piece of evidence to support the petitioner's claim that he has acquired the land by succession or by survivorship on 7-7-1955 prior to the commencement of Hindu Succession Act from his father. If that is so, even if the property is self-acquired property of Bhailalbhai having devolved on him through succession, it would partake the character of ancestral property in the hands of Jaynarayan Bhailalbhai. If the property was already ancestral and devolved on Jaynarayanbhai by survivorship then it will remain ancestral property. The order therefore having been passed without taking into account the material evidence before the authorities below vitiates its finding and amounts to an error apparent on the facet of the record. The competent officer as well as the appellate authority has not considered the case of the petitioner of separate unit for himself and the major sons by ignoring relevant material on record.

(3.) xxx xxx xxx.