JUDGEMENT
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(1.) A public interest litigation was filed by the first respondent herein questioning an action of the respondent-Corporation and its Chairman of the Standing Committee insofar as incorporation of the name of the respondent No. 7 in the Municipal register was allowed.
FACT :
(2.) An auction was held by the respondent No. 3 herein for granting a vacant land and bearing Plot No. 2557 admeasuring 90 x 150 feet (1500 square years) for a period of 99 years on or about 7-11-1951. One Shri Vajubha (since deceased), the predecessor in interest of the appellant herein became the highest bidder by offering a sum of Rs. 360/- being the one time premium. The said Shri Vajubha deposited a sum of Rs. 270/- on or about 14-2-1952 and prayed for grant of three months' further time for paying the balance sum of Rs. 90/-.
The respondent No. 3 agreed to the aforementioned offer by a letter dated 19-2-1952 directing that the said amount must be paid within three months in default, the allotment will be cancelled. Admittedly the said amount was not deposited. No rent was also paid by him to the respondent-Corporation.
(3.) One Pandya Minaben Kuberbhai filed a suit in relation to Plot No. 2557 being Suit No. 30 of 1990 in the Court of Civil Judge (S.D.), Bhavnagar wherein a written statement was filed by the respondent-Corporation asserting right title and interest as also possession therein.;
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