GANGABEN SHANABHAI GOVIND Vs. KANUBHAI JESHANGBHAI PATEL

JUDGEMENT

(1.) THE petitioners have preferred this petition under Article 227 of the Constitution of India in the backdrop of following facts and circumstances of the case. Considering the limited controversy the petition is taken up for final hearing and disposal today with consent of the learned Advocates appearing for the respective parties. Rule. Learned Advocates appearing for the respective parties are directed to waive service.

(2.) IN relation to lands bearing Block Nos. 779/3 and 786/2 of Amod, Dist: Bharuch petitioners No. 1 to 5 executed a registered sale-deed on 18/11/2005 in favour of petitioner No. 6. Pursuant thereto petitioner No. 6 sought mutation of his name in the revenue records and revenue entry No. 11240 came to be made. Respondent No. 1-Shri Kanubhai Jesangbhai Patel filed objections before the Mamlatdar on the basis of two agreements of sale stated to have been executed by petitioners No. 1 to 5, through their predecessor in title, on 23/05/1985 and 18/05/1992 and also claimed that respondent No. 1 was in possession of the property in question since more than fourteen years. Mamlatdar rejected the objections of respondent No. 1 and certified Entry No. 11240.

(3.) RESPONDENT No. 1 carried the matter in appeal before Deputy Collector, Bharuch who allowed the appeal and set aside the Entry No. 11240 with a further direction to make entry as per registered agreements of sale in terms of provisions of Section 135 D of Bombay Land Revenue Code.