In 1975, VMC had bought the land from Manu Parmar to construct houses for weaker but never started construction due to some reasons. In 2006, heirs of one Chiman Parmar approached trial court for claiming ownership of the told land and asked the trial court to stop VMC and heirs of Manu to transfer the property.
Later on in 2008, to cancel the sale deed that was executed in 1982, a special civil suit had filed against VMC and heirs of Manu. However, the court allowed the suits and passed a judgment on scraping the sale deed.
The Civic body in 2010, filed an appeal against trial court’s judgment in district court.
“Chunilal Thakkar was the original owner of the land and after he passed away it transferred to the heirs of Chunilal, Narendra Thakkar and Popatlal Thakkar, But, Manu became the owner after the Tenancy Act, 1948 was enacted and even mamlatdar declared the same, said civic body.
In a civic appeal filed by the VMC depended, upon the documentary evidence of land revenue code rather than old revenue entries made before independence.
“After the sale deed was implemented, the advertisement published in newspapers were not challenged by heirs of Chiman, not the tenancy proceedings and revenue entries,” said K P Chavan and P R Bhatt, advocates of VMC’s.
District and sessions judge J C Doshi stated that the heirs of Chiman challenged the sale deed after 26 years of its execution which is beyond the law of limitation.