MUKTABEN MOHANJIBHAI SOLANKI Vs. JAGDISHBHAI DEVRAJBHAI PATEL

JUDGEMENT

(1.) RULE. Mr. Utpal M. Panchal, learned counsel states that he has now been engaged by the respondent in place of mr. D. R. Dalal, who was representing the respondent earlier, and has filed his vakalatnama in the Registry today. Mr. Utpal m. Panchal, learned counsel waives service of notice of Rule for the respondent. On the facts and in the circumstances of the case, and with the consent of the learned counsel for the respective parties, the petition is being heard and finally decided today.

(2.) THIS petition has been preferred under Articles 226 and 227 of the Constitution of India with a prayer to quash and set aside the order dated 7-3-2009 passed below application at Exh. 42 in Regular Civil suit No. 595 of 2005 by the learned 4th addl. Senior Civil Judge, Surat, whereby the said application filed by the respondent (original defendant) for amendment in the written statement has been allowed.

(3.) THE brief facts of the case, as emerging from a perusal of the averments made in the petition, are that land bearing Revenue Survey No. 310, admeasuring 9510 sq. mts. situated at Mouje Adajan,sub-District Choryasi, District-Surat as well as land comprised in Revenue 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. According to the petitioners (original plaintiffs) 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,. The petitioners have annexed a copy of the Form no. F of the Town Planning Scheme No. 13 (Adajan) showing Final Plot Nos. 242 and 252 at Annexure "a" to the petition, as well as a copy of the map of the District Inspector of land Records, Surat showing Revenue Survey Nos. 310 and 311 before reconstitution into Final Plot at Annexure "b" to the petition. It is the case of the petitioners that the 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 organise a society in the name of Radha Krishna Society. According to the petitioners, out of the above two Revenue 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. Upon coming into force of the Final Town Planning scheme, Revenue 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 15-5-1986 in respect of Plot No. 111 of Revenue Survey No. 310 in favour of nayankumar Hasmukhlal Nariyelwala for a consideration of Rs. 4,999/ -. The said nayankumar Hasmukhlal Nariyelwala, in turn executed a registered Sale Deed dated 9-5-1988 in favour of the petitioner No. 1 in respect of the Plot No. 111 of Revenue survey No. 310 for consideration of Rs. 5,999/ -. Similarly, in respect of Plot No. 112, the original land owner, through his Power of Attorney Holder executed a registered Sale Deed on 15-5-1986, in favour of one Hasmukhlal sakarchand Nariyelwala for a consideration of Rs. 4,999/-, and the said Hasmukhlal sakarchand Nariyelwala, in turn executed a registered Sale Deed in favour of the petitioner No. 1 on 9-5-1988, 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 Revenue 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 Revenue Survey No. 310, for a consideration of Rs. 7,999/ -. The sum and substance of the case of the petitioners is that the petitioners have purchased Sub-Plots nos. 111 to 116 out of Revenue Survey No. 310 by way of registered sale Deeds through transactions, as described hereinabove.