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BIREN VAISHNAV, NISHA M. THAKORE
Ashokbhai Madhubhai Patel – Appellant
Versus
Madhubhai Jagubhai Patel – Respondent
ORDER :
Biren Vaishnav, J.
1. This appeal under Sec. 96 of the Code of Civil Procedure, 1908, has been filed by the appellant, who was the original plaintiff. He challenges the order dated 08.02.2024, passed by the 15th Additional Senior Civil Judge, Surat, below Exh.12 and 13 in Special Civil Suit No. 231 of 2022. By the aforesaid order, the learned Judge dismissed the suit under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908.
2. The plaintiff had filed the suit seeking a declaration that the registered Sale Deed dated 16.03.2022, executed by the defendant Nos. 1 to 4 in favour of defendant nos. 5 to 11 be declared as null and void and not binding to the appellant – plaintiff. It was further prayed that a declaration be issued that the defendants No. 5 to 11 acquired no right in the subject land.
2.1 A further relief was prayed for a specific performance of the Agreements to Sell dated 01.02.2007 and 16.07.2007 executed by the defendant Nos. 1 and 2 and their predecessors in favour of the plaintiff. Alternatively, it was prayed that the defendants be directed to pay an amount equivalent to the market price of the subject land with interest @18%. The reliefs p
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.
An agreement to sell agricultural land without prior permission from the Collector is invalid and unenforceable under the Tenancy Act.
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.
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....
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 ....
Agreements for new tenure land lacking collector permission are void under Section 23 of the Indian Contract Act, nullifying claims for specific performance and possession under Section 53(A) of the ....
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