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DIVYESH A. JOSHI
Virmatiben, D/o. Kikubhai Bantiya, W/o. Parshottambhai Chibabhai – Appellant
Versus
Amjad Fajal – Respondent
JUDGMENT :
(Divyesh A. Joshi, J.)
1. Rule returnable forthwith. Learned advocate Mr. R.J. Goswami waives service of notice of rule for and on behalf of the respondent Nos.1 and 2. The respondent Nos.3, 4 and 5, although served with the notice issued by this Court, have chosen not to appear before this Court either in person or through an advocate and oppose the present applications.
2. Since the challenge in both the applications are to the selfsame common judgment and order arising out of the same proceedings, those were heard analogously and are being disposed of by this common judgment and order.
3. For the sake of convenience, the Criminal Revision Application No.50 of 2021 is treated as the lead matter.
4. This Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908 is arising out of the common judgment and order 12.01.2021 passed by the learned 3rd Additional Senior Civil Judge, Surat, whereby the applications submitted by the applicants-original defendant Nos.1,2 and 5 to 8 under Order VII Rule 11(d) of the Civil Procedure Code, 1908 (for short ‘CPC’) in the suit came to be rejected.
5. The facts emanating from Civil Revision Application No.50
A suit for specific performance based on an invalid agreement under Section 43 of the Tenancy Act, 1948 is not maintainable.
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.
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.
Agreements involving government land, known to be illegal, are void ab initio, preventing claims for restitution by parties equally responsible for the illegality.
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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