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SA/230/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 230 of 2010
=========================================================
RATHOD
BECHARBHAI BHAGWANBHAI - Appellant(s)
Versus
KARAMADIYA
GRAMPANCHAYAT THROUGH SARPANCH AND/OR & 1 - Defendant(s)
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Appearance
:
MR
HRIDAY BUCH for
Appellant(s) : 1,
NOTICE SERVED for Defendant(s) : 1,
DELETED
for Defendant(s) :
2,
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CORAM
:
HONOURABLE
MS.JUSTICE BELA TRIVEDI
Date
: 29/04/2011
ORAL
ORDER
1. Heard
learned advocate Mr. Hriday Buch appearing for the appellant. None
appears for the respondent no.1 though served. Respondent no.2 has
already been deleted.
2. The
Second Appeal is admitted on the following substantial questions of
law.
Whether
the Courts below have committed error of law in holding that the
lease deed Exh.-51 being not registered as required under
Section-107 of Transfer of Property Act, 1982, did not create any
right in favour of the plaintiff?
Whether
the Courts below have committed error of law in overlooking the
provisions of Section-117 of the Transfer of Property Act, 1982,
the land in question being agricultural land?
Whether
the Courts below have commmitted an error of law in not drawing an
adverse inference against the defendants for not filing their
respective written statements for contesting the suit?
(BELA
TRIVEDI, J.)
(ila)
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