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1988 Supreme(Raj) 590

J.S.VERMA, I.S.ISRANI
Kripa – Appellant
Versus
Sufeda – Respondent


JUDGMENT

1. - The above mentioned three appeals arise out of different suits filed for specific performance and are disposed of by common judgment as identical questions arise in all these appeals Appellants entered into an agreement for sale in respect of different portions of agricultural land, situated in district Alwar, on June 10, 1986 which were between permanent allottees of those lands. These lands were earlier evacuee properties and were transferred to Slate, the allotment of which was governed by Rajasthan Land Revenue (Permanent Allotment of Evacuee Agricultural Land) Rules, 1963 (here in after referred to as 'the Rules'). The first contention of Shri H C Rastogi learned Counsel for the appellants is that the agreement to sell itself was void and illegal in as much as it went against the specific provisions of allotment in Sub-rules (5) & (7) of Rule 5 of the Rules. It is pointed out that the allottee could not sell, mortgage or in any other manner transfer or part with the possession of the whole or any part of land or his interest in the same so long as the full price of the land together with the interest due, if any and all out standings of the land were paid in full




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