Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BIREN VAISHNAV, NISHA M. THAKORE
Rameshbhai Bachubhai Sangani – Appellant
Versus
Binaben D/o Lallubhai Nathubhai @ Narayanbhai – Respondent
| Table of Content |
|---|
| 1. dispute over agricultural land (Para 1 , 2 , 3) |
| 2. defendant's application for rejection (Para 4 , 5) |
| 3. court's examination of submissions (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 19) |
| 4. appeal dismissed (Para 17 , 18) |
JUDGMENT :
1. The present appeal is filed by the original plaintiff under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to the as the “Code”) being aggrieved and dissatisfied with the order dated 18.03.2024 passed by the learned Additional Senior Civil Judge, Surat below Exhs. 17 & 18 in Special Civil Suit No.164 of 2023. By the said impugned order, the learned Judge has allowed the application preferred by the present respondent nos. 6 & 7 as well as application at Exh.178 under Order VII Rule 11 of the Code essentially on the ground that the suit was barred by law under Section 43 of the Gujarat Tenancy and Agriculture Land Act, 1948 (hereinafter referred to as the “Tenancy Act”) and under Section 23 of the Indian Contract Act . Hence, by the impugned order, the learned Judge has rejected the plaint of Special Civil Suit No.164 of 2023.
2.1. The dispute pertains to agricultural land bearing revenue survey no.520
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.
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 ....
A contract for land sale is unenforceable if executed in violation of statutory provisions, particularly when involving multiple co-owners without their consent.
The court reaffirmed that suits for specific performance must be filed within the limitation period, and failure to do so results in dismissal.
(1) Agreement to sell – Suit for Specific Performance – Decree for specific performance can be passed contingent upon grant of permission.(2) Prohibition on sale of agricultural lands – Embargo creat....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
