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SA/56/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 56 of 2010
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DR
BALVANTSINH GULABSINH ZALA - Appellant(s)
Versus
VITTHALBHAI
DANABHAI VANKAR & 4 - Defendant(s)
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Appearance :
HL
PATEL ADVOCATES for
Appellant(s) : 1,
None for Defendant(s) : 1 -
5.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 16/03/2010
ORAL
ORDER
ADMIT.
Following
substantial questions of law arise for determination of this Court.
(A) Whether
plaintiff on the basis of the occupancy and the order passed by the
Collector under Section 73AA of the Bombay Land Revenue Code, 1879
can sue against the defendants who are non-trible for the relief
payed in the suit ?
(B) Can
the defendants, who are non-trible retain their possession over the
restricted tenure land covered under Section 73AA of the Bombay Land
Revenue Code merely on the basis of the long possession and that
too, when they do not have any valid registered sale-deed and
conveyance deed in their favour ?
(C
) Can long possession of the portion of the land in dispute, which
was restricted tenure land under Section 73AA of the Bombay Land
Revenue Code without any document to support the legality of the
possession, confer right to retain possession of the defendants ?
(M.R.SHAH,
J.)
(ashish)
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