Gujarat Court September 1961 Judgments
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Bai Maru D/O Muman Dosan Khanji Vs. Saiyad Latipalli Akbarali
Court: Gujarat
Decided on: Sep-05-1961
Reported in: (1962)3GLR800
P.N. Bhagwati, J.1. This is an application to revise an order passed by the Civil Judge (Junior Division) Sidhpur granting permission to the plaintiff to withdraw the suit with liberty to file a fresh suit on the same cause of action under Order 23 Rule 1(2) of the Code of Civil Procedure. The plaintiff filed the suit against the defendant claiming to be the full and independent owner of twelve pieces of lands situate in village Nandotri on the ground that he was the inamdar of the village. According to the plaintiff the defendant was threatening to interfere with the plaintiffs possession of the lands and the plaintiff therefore claimed a declaration that he was the owner of the lands and also asked for the relief of injunction against the defendant to restrain the defendant from interfering with the plaintiffs possession of the lands. The defendant resisted the plaintiffs suit on various grounds which I need not set out here for the purpose of the present Civil Revision Application. ...
Dhadhal Suragbhai Kalabhai Vs. Soni Vinodchandra Pranlal and ors.
Court: Gujarat
Decided on: Sep-01-1961
Reported in: (1962)3GLR159
K.T. Desai, C.J.1. The petitioners are the barkhalidars of the village Anandpur. Respondent No. 1 was their tenant. He was allotted six acres and ten gunthas of bagayat lands called Bhadwadi under the provisions of the Barkhali Abolition Act 1951 Under the provisions of Section 8 Sub-section (2)(a) of the Act the petitioners had a right of pre-emption in respect of the said lands in the event of the first respondent desiring to sell or lease the said lands. On 28th October 1958 the first respondent sold the aforesaid lands to respondent No. 2 for Rs. 3000 under a registered deed of sale without giving the first option to the petitioners to purchase the same. Thereupon on 18th December 1958 the petitioners applied to the Deputy Collector of Wadhwan under the provisions of the aforesaid Section 8(2)(a) and Section 38 and Rules 82 and 82B framed under the aforesaid Act for the summary eviction of the second respondent and for handing over the possession of the said lands to the petitioner...
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