IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Heirs Of Deceased Rabari Chelabhai Naranbhai – Appellant
Versus
Heirs Of Deceased Rabari Verasibhai Danabhai – Respondent
JUDGMENT :
J.C.DOSHI, J.
1. The present Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (‘CPC’, for short), challenges the concurrent findings of judgment and decree dated 01.10.2019 passed by the trial Court i.e. Additional Civil Judge, Deesa dismissing the suit filed by the ancestral of plaintiffs being Regular Civil Suit No.12 of 2008, which has been confirmed by the learned 6th Additional District Judge, Banaskantha – Deesa dismissing the appeal filed by the plaintiff, vide judgment and decree dated 30.09.2025 passed in Regular Civil Appeal No.46 of 2019.
2. For the sake of brevity and convenience, the parties are referred to as per their original status before the trial Court.
3. The brief facts of the case are as under:-
3.1 Deceased Rabari Chelabhai Naranbhai and Rabari Versibhai Dannabhai, who died during the pendency of the suit proceedings, substituted by their heirs and legal representatives, filed suit against the defendants for a relief of specific performance and permanent injunction in regard to the agricultural lands of Survey No.307/P -1 / 1 bearing Khata No.238 and Survey No.321 – 322 P – 2 bearing Khata No.239 (‘parcels of land’, for short
V.Narsimha Raju vs. V.Gurumurthy Raju and others
Maria Margarida Sequeira Fernandes & Others vs. Erasmo Jack De Sequeira (Dead) through LRs.
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 ....
The court affirmed that ownership established through tenancy certificates prevails over claims of possession based on unproven agreements or wills, emphasizing the necessity of fulfilling statutory ....
Suit filed simpliciter for injunction where claim is founded purely to claim protection under Section 53-A of Transfer of Property Act is not maintainable. Such a suitor is not entitled to claim reli....
The main legal point established in the judgment is that the right to sue for specific performance can be lost due to the limitation period, leading to the grant of possession to the defendants.
Part performance--Injunction--Held; where the transferee omitted to sue for specific performance and had not sued for it specifically and his suit is now for all intents purposes barred by law, he ca....
Civil Law - Dismissal of suit for permanent injunction and restoration of possession in suit property - provision of order VII, Rule II(b) that a Court has to come to a finding that relief claimed ha....
Possession under Section 53-A of the Transfer of Property Act can be protected against third parties, even without a formal sale deed, if established through credible evidence.
An unregistered possessory agreement does not confer rights to the property and cannot be enforced for possession under Section 53-A of the Transfer of Property Act.
(1) Part Performance – To claim benefit under Section 53-A of Transfer of Property Act, 1882 there shall be necessary pleadings – In absence of necessary pleadings, benefit under the provision cannot....
A second appeal under CPC does not warrant interference when no substantial question of law arises, affirming the necessity of establishing ownership before claiming possession.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.