HAFEJBHAI RUSTOMJI DALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under Clause 15 of Letters Patent against an order dated 09.02.2018 passed by learned Single Judge in Special Civil Application No.20822 of 2017, by which, the learned Single Judge has dismissed the petition.

(2.) Brief facts leading to fling of the present appeal are as under:

(3.) It is the case of the appellants - original petitioners that the land bearing Block No.171 of Mouje Navapura, Taluka: Sanand, admeasuring 19000 sq. mtrs. was in dispute in the year 1946. A receiver was appointed by the Bombay High Court at the relevant time. The said receiver executed a registered sale deed on or around November 1946 in favour of Temulji Aerchasha Khambhata, Nariman Aerchasha Khambhata, Minocher Aerchasha Khambhata and Dolathai Kaikhshur Khambhata. Necessary entry in respect of the said transaction came to be mutated in the revenue record vide entry No.1246 on 010.1978. Thereafter, one Tenancy Case came to be initiated by the Mamlatdar & ALT being Tenancy Case No.4820 on 24.01.1978, whereby the names of the alleged tenant viz. Khuman Bapubhai as well as Niyogi Prasad Kaushikbhai came to be deleted since they were not declared as tenant. Necessary entry No.1254 dated 27.11.1978 came to be mutated with regard to the same. It is further stated that thereafter the purchasers of the land viz.Temulji Aerchasha Khambhata and others sold the land in question to the petitioners by way of registered sale deed dated 06.02.1980 and therefore entry No.1263 came to be mutated in the revenue record on 27.10.1980.