ANILBHAI ISHWARBHAI PATEL Vs. USHABEN HARGOVINDBHAI PATEL

JUDGEMENT

(1.) The petitioners herein are the original defendants in Regular Civil Suit No. 72 of 2000 preferred by the respondents herein, who are aggrieved by the order of the learned 5th Additional Civil Judge (SD) Surat, passed below Exh.5 in favour of the respondents herein as also confirmed by the learned 5th Additional District and Sessions Judge, Surat in civil misc. appeal no. 49 of 2003.

(2.) To understand the controversy between the parties and to briefly state the fact-the petitioner and respondents have a common ancestor namely Parbhubhai Patel who passed away on 15th November 1971 (the pedigree of which is at page no. 25 of the memo of this petition). Shri Parbhudas Kuvarji Patel executed a registered Will and bequeathed all his properties on the parties. The parties mutated their names in the revenue record on the basis of such Will.

(3.) Shri Ishwarbhai Parbhubhai Patel (since deceased) who was the original defendant no. 1 in the said suit, had filed RTS appeal no. 25 of 1996 before the Deputy Collector, Choryasi Prant Surat, challenging entry no. 1566 mutated in the revenue record vide order dated 3rd February 1993 in respect of revenue survey no. 262, 29-paiki, 7/1-paiki,33/3-paiki,10/3-paiki, situated in village Mora, Taluka Choryasi, district-Surat. This entry was favouring the respondents; as the heirs of one of the sons of deceased Parbhubhai Hargovindbhai Patel. Vide order dated 11th December 1997, the Deputy Collector, Surat set-aside such an entry and ordered names of the legal heirs of deceased Parbhubhai to enter in the revenue records. The respondent no. 3 herein preferred revision application no. 34 of 1998 before the District Collector, Surat, which dismissed such revision vide order dated 1/8/30 November 1999 and thereafter entry no. 1854 was mutated in the revenue record for the said lands in question.