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Showing contexts for: mutation entry in Mohanbhai Chhimubhai Patel vs Bhanabhai Narisnhbhai Patel & 39 on 20 January, 2017Matching Fragments
[2.4] It was the case on behalf of the original plaintiff that, on mutation of the name of Maniben as heir of Dulabhbhai, the defendant Nos.1 to 3 in collusion with defendant No.4 illegally executed a registered sale deed for 1/2 share of the disputed land, in favour of the original defendant No.4 on 25.04.2012 and 26.04.2012 respectively. It was contended that mutation entry No.97 itself was forged and fabricated and no such order of 1930 was in existence. It was submitted that mutation entry No.97 was wrongly added afterwards, signature of Talati Mayashanker Manchharam was also different from the other entries - disputed mutation entry No.97 and a page showing disputed entry No.97 was intentionally added in between the record. Therefore, it was the case on behalf of the original plaintiff that aforesaid all were done by fraud. That the criminal complaints against the defendants was also filed. It was asserted by the original plaintiff that the plaintiff is coowner and co HC-NIC Page 4 of 29 Created On Sat Aug 12 17:00:54 IST 2017 occupier of the suit properties and the defendants are required to be restrained from further transfer.
of Rights 7/12 of Survey no.44/2, Block no.77, to 3 True Copy of Village Abstract of 7/12 of 127 Survey no.47, Block no.86, Bamroli, Surat to 4 Abstract of 7/12 of Survey no.47, Block 137 no.86, Bamroli, Surat 5 Certified Copy of Order of Dy. Collector in 170 R.T.S. No.68/01 dated 30.4.2003 6 Certified Copy of Order of Collector, Surat 171 in R.T.S./ Appeal No. 45/03 dated 28.8.2003 11 Death Certificate of Maniben Narsinhbhai 176 dtd.05112008 14 Certificate issued by Urban Development 179 Department 16 Attested Copy of Order passed in R.T.S 181 Appeal No.45/03 17 Certified Copy of Order dated 19.07.2013 182 of SSRD 18 Receipt of Revenue Tax Paid by Ganda 183 Dullabh 19 Permission under Sec. 63 of Tenancy Act, 184 Dtd.30082011 HC-NIC Page 8 of 29 Created On Sat Aug 12 17:00:54 IST 2017 23 Mutation Entry no.895 in Village Form 205 No. 6 Record of Rights 24 Mutation Entry no.896 in Village Form 206 No. 6 Record of Rights 25 Mutation Entry no.678 in Village Form 209 No. 6 Record of Rights 26 Mutation Entry no. 1063 in Village Form 210 No. 6 Record of Rights dtd.25052007 6 Record of Rights dtd.25052007 29 Village Form no.8A of Block no.86, A/c 213 no.657 31 Birth Certificate of Mankiben Dulabhbhai 226 32 Death Certificate of Dulabhbhai Mithabhai 227 That on appreciation of evidence and after giving fullest opportunity to the parties to the suit, the learned trial Court has held issue Nos.1, 6, 7 and 8 in affirmative, issue Nos.2 partly in affirmative and issue Nos.3, 4, 5, 9 and 10 in negative and consequently has dismissed the suit, by impugned judgment and decree.
[5.2] It is vehemently submitted by Shri Joshi, learned Senior Advocate appearing on behalf of the original defendant No.4 that in the facts and circumstances of the case the learned trial Court has not committed any error in considering and/or relying upon mutation entry No.97. It is submitted that mutation entry No.97 cannot be said to be fabricated as sought to be contended on behalf of the plaintiff.
[5.3] It is submitted that mutation entry No.97 (Exh.110) was made in the year 1930 on the basis of Taluka Hukam dated 26.04.1930. It is submitted that mutation entry No.97 was reflected in Form No.7/12 for the suit land. It is submitted that so far as survey No.44/2 is concerned, the entry is mentioned in Form No.7/12 for the year 192838, 193849, 194859, 195769, 197081, 198394 and 199403. It is submitted that aforesaid is reflected from the documentary evidences produced on record. It is submitted that so far as the land bearing survey No.47 is concerned, it is reflected in Form No.7/12 for the years 192839, 1938 49, 194858 and 197081. it is submitted that the aforesaid is also reflected from the records produced on record.
[6.1] Considering the case pleaded on behalf of the plaintiff it appears that the plaintiff came out with a case that the original defendant Nos.1 HC-NIC Page 23 of 29 Created On Sat Aug 12 17:00:54 IST 2017 to 3 and their ancestor have no right, share in the suit property. It was also contended that the suit properties are under his ownership and occupancy since long and in the revenue record also the name of Keshabhai and Mithabhai and his successors were mutated periodically and nowhere, name of Dulabhbhai Mithabhai was mutated and they have no concern with the plaintiff's ancestral properties. It is the case on behalf of the plaintiff that merely on the basis of mutation entry No.97 which according to the plaintiff is forged, the learned trial Court has held Dulabhbhai Mithabhai as having 1/2 share in the suit properties. Therefore, it is the case on behalf of the plaintiff that merely on the basis of the mutation entry No.97, the learned trial Court is not justified in dismissing the suit by holding that Maniben D/o. Dulabhbhai was having 1/2 share in the suit properties. However, on considering the findings recorded by the learned trial Court it cannot be said that the finding recorded by the learned trial Court are solely based upon mutation entry No.97. It is required to be noted that the plaintiff has even gone to the extent challenging the relationship of the defendant Nos.1 to 3 and their mother Maniben and according to the plaintiff, the defendant Nos.1 to 3 were the third parties and had no relation with him or his ancestors. However, considering the death certificate of Dulabhbhai Mithabhai and birth certificate of Maniben produced at Exhs.226 and 227 and on appreciation of evidence the learned trial Court has held that Maniben and the defendant Nos.1 to 3 are the legal heirs of Dulabhbhai Mithabhai.