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BIREN VAISHNAV, NISHA M. THAKORE
Shri Nijanand Jogani Abhiyan Trust – Appellant
Versus
Parshottam Narsinhbhai Patel – Respondent
JUDGMENT :
NISHA M. THAKORE, J.
1. The present appeal is filed by the original plaintiff under Section 96 of the Code of Civil Procedure, 1908 (for short, “the Code”), challenging the order dated 05.02.2022 passed by the learned 16th Additional Senior Civil Judge, Vadodara on Exh.22 in Special Civil Suit No.306 of 2018. By the said impugned order, the learned Judge has allowed the application preferred by the original defendant nos.1 to 3 at Exh.22 under Order VII Rule 11(d) of the Code, thereby rejecting the plaint followed by consequential order of dismissal of suit passed below Exh.1.
2. In nutshell, the facts of the case as pleaded in the plaint, are as under:
2.1. The present appellant/original plaintiff-Trust has filed Special Civil Suit No.306 of 2018 before the learned Civil Judge, Senior Division at Vadodara seeking various reliefs.
2.2. It is the case of the original plaintiff that agricultural land bearing Block No.220 Paiki, Revenue Survey No.383 Paiki of moje Ankhol, Taluka-Vadodara ad-measuring 2-18-74 sq. mtrs. was originally owned by defendant nos.1 and 2. Similarly agricultural land bearing Block No.221/b, Revenue Survey No.387 ad-measuring 0-60-70, Revenue Survey No.53
The court established that amendments to the Tenancy Act permit post facto permissions for agricultural land transfers, impacting the maintainability of suits involving such lands.
powers under Section 84-C of the Act will have to be exercised within reasonable time. The question then would arise what would be the reasonable time for exercise of such powers and what would be it....
An agreement to sell agricultural land without prior permission from the Collector is void and unenforceable under tenancy laws.
The cause of action is a bundle of facts and cannot be decided at the preliminary stage of the suit.
Valid sale deeds can only be challenged through competent court orders; transactions executed in violation of interim injunctions are treated as void.
Trustees of public charitable trusts do not require Charity Commissioner consent to file suits for recovering possession from trespassers, affirming their inherent rights as legal owners.
The Court upheld the rejection of the plaint, establishing that suits challenging registered documents must be filed within the designated limitation period and emphasized that clever drafting cannot....
- It is well, nay, settled position of law that the writ jurisdiction can be invoked only against the final orders of lower authorities, Courts or Tribunals and that too if an effective and alternati....
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