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Residing at: Paavan, Nr. Swastik Chowk, Surendranagar [3] Himanshu Girdharlal Parmar [4] Gaurav Girdharlal Parmar Both residing at: Dal Mill Road, Surendranagar. . . . . . . . . . . . The Respondents Sub: Suit for cancellation of sale deed, to obtain permanent injunction order and for common joint declaration.

The facts of this suit of the plaintiffs are as under:­

1) The ancestral field is owned and occupied by the plaintiffs situated in the village: Ratanpar of Wadhwan Taluka and description and details thereof are given hereunder. Presently, it is owned and occupied by the plaintiffs jointly. Agricultural work, cultivation work and sowing work etc. are done by the plaintiffs and we are taking yield out of the same. Last year, the plaintiffs had sowed cottonseed in the land in question and recently also, we have tilled the said field by plough.

(4) Thereafter, subsequently registered sale deed no.198 dated 21/01/2000 executed by Respondent no.1 (1 to 4) in favour of Respondent No.2 for the land located in the sim of Ratanpar bearing (old survey no.273) new Survey no.220 paiki land admeasuring 5 acres and 00 gunthas is bogus and created fraudulently. It is registered at Sub­Registrar office, Surendranagar. Pass the order canceling the said deed.

(5) Registered sale deed no.495 dated 30/01/2010 executed by Respondent no.2 in favour of Respondent no.3­4 for the land located in the sim of Ratanpar bearing (old R.S.No.273) new Survey No.220 paiki land admeasuring 2 acres and 00 gunthas is bogus and was created fraudulently. It is registered at Sub­Registrar office, Surendranagar. Pass the order to cancel the said deed.

(6) Direct Registrar, Wadhvan to cancel the deed mentioned in above prayer no.3 and direct the Sub Registrar, Surendranagar to cancel the deeds mentioned in prayer no.3 and 4. Direct Mamlatdar, Wadhvan Mamlatdar office regarding the same.

3. Thus, it appears from the pleadings in the plaint referred to above that the subject matter of dispute between the parties is with respect to the land bearing revenue survey no.220 [old revenue survey no.273] situated in the sim of village Ratanpar, Taluka­Wadhwan, District­ Surendranagar. It is the case of the plaintiffs that they are the lawful owners of the suit­land and are in possession of the same. According to the plaintiffs, the land in question is agricultural and they are cultivating the land and earning their livelihood from the income derived from such agricultural operations. According to the plaintiffs, inadvertently in the revenue records, the name of Government came to be mutated as the owner of the land.

The Special Civil Suit No.30 of 2011 is revived and is restored to its original file in the Court of the Principal Senior Civil Judge, Surendranagar. The Principal Senior Civil Judge, Surendranagar, shall now proceed with the suit expeditiously in accordance with law.

(J. B. PARDIWALA, J) FURTHER ORDER After the judgment is pronounced, Mr. Majmudar, the learned counsel appearing for the defendants nos.1.1 to 1.5 makes a request to stay the operation of the order for a period of four weeks. For the reasons stated in the judgment, the request is declined.