Point of Law: Suit filed simpliciter for injunction where claim is founded purely to claim protection under Section 53-A of Transfer of Property Act is not maintainable. Such a suitor is not entitled to claim relief in view of provisions of Section 41(h) of Specific Relief Act.

JUDGMENT :

Vaibhavi D. Nanavati, J.

1. This First Appeal under Section 96 of the Code of Civil Procedure Code, 1908 is at the instance of the original plaintiffs and is directed against the order dated 20.1.2017 passed by the 3rd Additional Senior Civil Judge, Ahmedabad below Ex.27 in the Special Civil Suit No.231 of 2012, by which the plaint came to be rejected under the provisions of Order VII Rule 11(a) and (d) of the Code of Civil Procedure.

2. The facts giving rise to the appeal are summarized as under :-

2.1 The appellants herein are the original plaintiffs. The respondents are original defendants.

2.2 The appellants (original plaintiffs) instituted the present suit stating that the land bearing Survey/Block Nos.593, 594, 595 and 596 respectively situated at mouje Village : Ramol, Taluka Dascroi, District Ahmedabad are of the joint ownership, possession and in occupation of the plaintiffs and there is a room constructed on the eastern side of the said parcels of land near a well and the said room is also in possession and occupation of plaintiffs. The above referred room is meant for storing the farming equipments.

2.3 The defendants Nos.1 to 13 are members of one family. The defendants Nos.14 and 15 are father and son whereas the defendant No.16 is a Company and according to the plaintiffs the defendant No.15 is the Director who undertakes the business of the respondent No.16 Company.

2.4 According to the plaintiffs, the land owners had agreed to sell the suit land bearing surveys no.593 to 596 to the elders of the plaintiffs and accordingly the original owners executed the agreement to sell with the plaintiffs on 25.02.1976 and on 10.06.1976 respectively. The plaintiffs paid an amount of Rs.6000 as earnest money towards the sale consideration on 25.02.1976. It is also the case of the plaintiffs that at the relevant point of time, vacant and peaceful possession of said land was handed over by the original owners of the land to the plaintiffs and since then the plaintiffs are in possession and occupation of the said land which is within the knowledge of one and all. The original land owners were in need of money and hence, they requested the plaintiffs for the same and accordingly one more document was executed in favor of the plaintiffs and the plaintiffs paid the additional amount of Rs. 19,000/- [in all Rupees Nineteen thousand only] to the land owners and since then the plaintiffs are in possession and occupation of said land. The plaintiff No.1 filed one form before the Competent Authority for availing irrigation connection in the year 1979 for the suit land and the same was granted. The land is an agricultural land and the plaintiffs are cultivating the said land for the purpose of growing “Juvar”.

3. It is the case of the appellants that in view of the fact that the original owners had entered into an agreement to sell with the appellants and that the appellants are in possession of the suit land, the original land owners could not have entered into sale deeds with the defendants with respect to the suit land. The transactions between the appellants and the original owners as also the defendants are produced in the tabular form:-