JAGDISHBHAI DEVRAJBHAI PATEL Vs. MUKTA MOHANJI SOLANKI

JUDGEMENT

(1.) RULE. Mr. Ashish H. Shah, learned advocate, waives service of notice of Rule on behalf of the Respondents. In the facts and circumstances of the case and with the consent of the learned counsel for the respective parties, the application is being heard and decided, today.

(2.) THIS application has been filed for review of judgment dated 27. 08. 2009 (Coram: Smt. Abhilasha Kumari, J.) rendered in Special Civil Application No. 3661 of 2009.

(3.) BEFORE coming to the review application, it would be helpful to give a brief background of the legal and factual position obtaining in the petition in the context of which the impugned judgment came to be passed. Special Civil Application No. 3661 of 2009 had been preferred by the present respondents (original plaintiffs) under Articles 226 and 227 of the Constitution of India. The challenge in the said petition was to order dated 07. 03. 2009 passed below application at Exhibit 42 in Regular Civil Suit No. 595 of 2005 by the learned 4th Additional Senior Civil Judge, Surat, whereby the said application filed by the present applicant (original defendant) for amendment in the written statement, had been allowed. The relevant facts are that land bearing Survey No. 310, admeasuring 9510 sq. mts. situated at Mouje Adajan, Sub-District Choryasi, District-Surat as well as land comprised in Survey No. 311 admeasuring 3845 sq. mts. situated at Mouje Adajan, Sub-District Choryasi, District-Surat, were of the ownership of one Maganbhai Ghelabhai. The total area of the land of the aforesaid two Survey numbers measures 13355 sq. mts. The case of the petitioners therein, who are the original plaintiffs, and are now arrayed as respondents in the Review Application, is that the said land later on became part of the Town Planning Scheme Surat No. 13 (Adajan ). On implementation of the Town Planning Scheme the aforesaid lands were given original plot No. 111 and were sought to be re-constituted into two Final Plots, being Final Plot No. 242 admeasuring 6755 sq. mts. and Final Plot No. 252 admeasuring 4876 sq. mts. According to the petitioners of that petition, original land owner, Maganbhai Ghelabhai executed a Deed of Power of Attorney in favour of one Naginbhai Surti. The original land owner as well as the Power of Attorney Holder wanted to organize a Society in the name of Radha Krishna Society. It was the case of the petitioners therein that out of the above two Survey Nos. 310 and 311, 124 plots were carved out and internal roads were laid down for the purpose of development of the above two Survey numbers. On coming into force of the Final Town Planning Scheme, Survey Nos. 310 and 311 were allotted original Plot No. 111 and were subsequently re-constituted as Final Plot Nos. 242 and 252 of the Town Planning Scheme Surat No. 13 (Adajan ). The original land owner Maganbhai Ghelabhai, through his Power of Attorney Holder Naginbhai Surti, executed a registered Sale Deed on 15. 05. 1986 in respect of Plot No. 111 of Survey No. 310 in favour of Nayankumar Hasmukhlal Nariyelwala for a consideration of Rs. 4,999/ -. The purchaser, Nayankumar Hasmukhlal Nariyelwala, in turn executed a registered Sale Deed dated 09. 05. 1988 in favour of the petitioner No. 1 in that petition (present respondent No. 1) in respect of the Plot No. 111 of Survey No. 310 for consideration of Rs. 5,999/ -. Similarly, by a registered Sale Deed dated 15. 05. 1986, the original land owner, through his Power of Attorney Holder, sold Plot No. 112 to one Hasmukhlal Sakarchand Nariyelwala for a consideration of Rs. 4,999/-, who, in turn, executed a registered Sale Deed in favour of the petitioner No. 1 on 09. 05. 1988, for a consideration of Rs. 5,999/ -. The original land owner, through his Power of Attorney Holder also executed a registered Sale Deed dated 11. 11. 1987, in respect of Plot Nos. 113 and 114 of Survey No. 310, in favour of the petitioner No. 2 for a consideration of Rs. 7,999/- and another sale deed was executed by the original land owner, through his Power of Attorney Holder in favour of petitioner No. 2 on 11. 11. 1987, in respect of Plots Nos. 115 and 166 of Survey No. 310, for a consideration of Rs. 7,999/ -. In sum and substance, the case of the petitioners in the said petition (present respondents) was that they have purchased Sub-Plots Nos. 111 to 116 out of Survey No. 310 by way of registered Sale Deeds through transactions, as described hereinabove. According to the petitioners, the present applicant (respondent in the petition) purchased land admeasuring 500 sq. mts. of Survey Nos. 310 and 311, bearing Final Plot No. 252 vide registered Sale Deed dated 21. 11. 2003, and a revenue entry No. 9154 was mutated to this effect.