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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K.VISHEN, MOOL CHAND TYAGI
Susheelsinh Udayveersinh Bhadoriya – Appellant
Versus
Dipakji Kantiji Thakore – Respondent
JUDGMENT :
SANGEETA K. VISHEN, J.
1. Captioned appeal, is filed against the judgment dated 01.04.2022 (hereinafter referred to as “the impugned judgment”) passed by the learned Additional Senior Civil Judge, Ahmedabad (Rural) in Special Civil Suit no.269 of 2018 (hereinafter referred to as “the suit”). Along with the captioned appeal, civil application (for stay) no.1 of 2023, was preferred and this Court, on 27.04.2023, has passed the following order:
“FIRST APPEAL No. 1731 OF 2023
ADMIT.
Mr. Ramesh D. Devnani, learned advocate waives service of notice of admission on behalf of the respondents. Record & Proceedings to be called from the Court of 4th Additional Senior Civil Judge, Ahmedabad (Rural) on or before 12.06.2023.
CIVIL APPLICATION No. 1 OF 2023
Notice returnable on 16.06.2023.
It is noticed by us that the trial Court has extended the stay by order dated 15.02.2023 till the limitation of appeal. It is also not in dispute that the stay has been continued during pendency of the suit. The same shall continue till next date of hearing.”
Though served, defendant no.1 did not appear. Upon issuance of the notice and during the pendency of the appeal, the defendant nos.2 to 5 have preferre
A contract for land sale is unenforceable if executed in violation of statutory provisions, particularly when involving multiple co-owners without their consent.
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 ....
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....
(1) Agreement to Sell – Only a valid and enforceable contract can be ordered to be specifically performed.(2) Agreement to Sell – Court is not bound to order specific performance even if it is lawful....
The court ruled that the rejection of the plaint was erroneous as it did not consider the merits of the case, emphasizing that the issue of limitation is a mixed question of law and fact.
An unregistered agreement to sell does not confer rights for specific performance; plaintiffs failed to show readiness and willingness to perform contractual obligations.
The court reaffirmed that suits for specific performance must be filed within the limitation period, and failure to do so results in dismissal.
Agreements contravening Section 43 of the Gujarat Tenancy and Agricultural Land Act, 1948, are void and unenforceable, preventing specific performance.
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