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DEVAN M. DESAI
Sanjaybhai Raichandbhai Patel – Appellant
Versus
Decd. Shanaji Devaji Thakor Through Lhrs – Respondent
ORDER :
1. Present appeal is filed under Section 96 of the Civil Procedure Code, 1908 (for short, hereafter referred to as `the Code’) challenging the order dated 31st August, 2023 passed by the learned Additional Sessions Judge, City Civil & Sessions Court, Ahmedabad in Civil Suit No.157 of 2022 below Exhs.1 and 22.
2. The brief facts leading to this appeal are as under:-
2.1 The plaintiff - appellant filed a suit for specific performance of registered agreement to sell dated 12.10.2011 together with a relief of permanent injunction and declaration against the respondents-original defendants. An agricultural land being Survey No.1293 admeasuring about 1 Hector 03 Are 20 square meters situated at Village Vatva, Taluka Daskroi, District Ahmedabad stood in the name of one Sanaji Devaji and after the death of Sanaji, the suit property was mutated in the names of defendant Nos. 1/1 to 1/7. Sanaji Devaji Thakore was a tenant and he got the ownership rights under Section 84(c) of the The Gujarat Tenancy and Agricultural Lands Act, 1948 (for short “the Tenancy Act”). On 12.10.2011, defendant Nos.1/1 to 1/7 executed three different documents namely a registered agreement to sell, a registered
An agreement to sell agricultural land without prior permission from the Collector is void and unenforceable under tenancy laws.
When a question arises in a suit for specific performance whether the agreement on which that suit is based is void on the ground that any acquisition made pursuant thereto would contravene or transg....
Agreements to sell land under the Gujarat Tenancy Act, 1948, without prior Collector approval are invalid and unenforceable, making related suits for specific performance unmaintainable.
A contract for land sale is unenforceable if executed in violation of statutory provisions, particularly when involving multiple co-owners without their consent.
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