Gujarat High Court
Birenbhai Rasikbhai Amin & vs Rameshbhai Bhulabhai Vaghri & ... on 5 August, 2014
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
C/CRA/255/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL REVISION APPLICATION NO. 255 of 2014
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BIRENBHAI RASIKBHAI AMIN & 1....Applicant(s)
Versus
RAMESHBHAI BHULABHAI VAGHRI & 11....Opponent(s)
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Appearance:
MR TATTVAM K PATEL, ADVOCATE for the Applicant(s) No. 1 - 2
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
KUMARI
Date : 05/08/2014
ORAL ORDER
Heard Mr.Tattvam K. Patel, learned advocate for the applicants.
It is submitted that the registered Sale Deeds challenged by respondent No.1original plaintiff in the suit are of the years 1989 and 2006, which are clearly barred by law of limitation. It is submitted that the registration of a Sale Deed is deemed to be constructive knowledge of the execution thereof, as held by this Court in Kanjibhai Bhagwanjibhai Patel Vs. Nanduben Shamjibhai Sorathiya through P.O.A., Dharmesh P. Trivedi and others, reported in 2013 (1) GLR 51 and Becharbhai Zaverbhai Patel and another Vs. Jashbhai Shivabhai Patel and others, reported in 2013 Page 1 of 2 C/CRA/255/2014 ORDER (1) GLR 398.
It is further submitted that one of the prayers made in the plaint is regarding the issuance of a declaration to the effect that defendants Nos.3 and 4, who have been wrongly declared as agriculturists, are not actually agriculturists. According to the learned advocate for the applicants, this prayer is barred by Section85 of the Bombay Tenancy and Agricultural Lands Act, 1948.
Issue Notice returnable on 02.09.2014. Adinterim relief in terms of paragraph6(c) is granted, till then.
(SMT. ABHILASHA KUMARI, J.) Gaurav+ Page 2 of 2