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BIREN VAISHNAV, NISHA M. THAKORE
Ashokbhai Ramcharan Shrivastava – Appellant
Versus
Dhaniben Mohammedbhai Chauhan – Respondent
JUDGMENT :
Nisha M. Thakore, J.
1. The present appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”) by the appellant-original plaintiff, being aggrieved and dissatisfied with the judgment and order dated 08.11.2023 passed below Exh.69 by the learned 12th Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Vadodara in Special Civil Suit No.202 of 2010. By the aforesaid judgment and order, the learned Civil Judge has allowed the application preferred by the original defendants-respondents herein under Order VII Rule 11 (a) and (d) of the Code, thereby rejecting the plaint.
2. The material facts, which are necessary for adjudication of the present appeal as pleaded by the original plaintiff in the plaint, are reproduced hereunder:
2.1 The suit land consists of an agricultural land bearing revenue survey no.529 having block no.357 admeasuring 00 Hectatre 88 ARE’S and 02 sq. mtrs. situated at Village-Kapurai, Taluka/District-Vadodara (hereafter referred to as “the suit land”). The aforesaid suit land is a new tenure restricted tenure land and the original defendant nos.1 to 5 with condition to get convert the aforesa
An agreement to sell agricultural land without prior permission from the Collector is invalid and unenforceable under the Tenancy Act.
Agreements for the sale of new tenure land without prior permission from the Collector are unenforceable under Section 43 of the Tenancy Act, and parties cannot claim relief for illegal agreements.
A suit for specific performance based on an invalid agreement under Section 43 of the Tenancy Act, 1948 is not maintainable.
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.
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....
An agreement to sell agricultural land without prior permission from the Collector is void and unenforceable under tenancy laws.
An agreement to sell is not void ab initio if it is subject to a condition that the seller will obtain the necessary permission from the authorities to convert the land from new tenure to old tenure ....
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