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1984 Supreme(Guj) 97

P.SUBRAMONIAN POTI, G.T.NANAVATI, I.C.BHATT
SHAH JITENDRA NANALAL – Appellant
Versus
PATEL LALLUBHAI ISHVERBHAI – Respondent


Advocates Appeared: J.M.THAKAR, SURESH M.SHAH

P. S. POTI, J.

( 1 ) THIS matter comes up before the Full Bench on the following order of reference by our learned Brothers P. D. Desai and R. C. Mankad JJ.

( 2 ) THE papers of the case to be placed before the learned Chief Justice for constitution of a larger Bench to consider the question whether or not there is any material and substantial distinction between the provisions of sub-sec. (2) of sec. 7 of the Gujarat Vacant Lands in Urban Areas (Prohibition of Alienation) Act 1972 (since repealed) and clauses (b) of sub-sec. (1) of sec. 20 of the Urban Land (Ceiling and Regulations) Act 1976 and whether therefore a conditional decree for specific performance subject to the condition of the plaintiff obtaining exemption from the State Government under clause (b) of sub-sec. (1) of sec. 20 of the Urban land (Ceiling and Regulation) Act 1976 can or cannot be passed following the decisions of the Division Bench in First Appeal No. 1174 of 1968 decided on 25/04/1974 and First Appeal No. 251 of 1967 decided on 22/11/1974 in the context of sec. 7 sub-sec. (2) of the Gujarat Vacant Lands in Urban Areas (Prohibition of Alienation) Act 1972 The need for consideration of a larger Bench arises

























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