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HIGH COURT OF GUJARAT
Sangeeta K. Vishen, Niral R. Mehta
Mukesh Jashvantlal Patel – Appellant
Versus
Ishwarlal Bhagwandas Patel – Respondent
| Table of Content |
|---|
| 1. plaintiffs' claims (Para 1 , 2) |
| 2. issues decided in favor (Para 3) |
| 3. specific performance denied (Para 4 , 5 , 6 , 7 , 8) |
| 4. no submission for protection (Para 9 , 10) |
| 5. civil application partly allowed (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
ORDER :
Order in First Appeal:
Admit. Mr Daifraz Havewalla, learned advocate waives service of notice of admission on behalf of the respondents.
Order in Civil Application:
2. Mr Mehul S. Shah, learned Senior Advocate with Mr Henil M. Shah, learned advocate for the applicants, at the outset, submitted that the suit was filed in the year 2015 and vide order dated 09.09.2016, applications, Exh.5 as well as Exh.16, were partly allowed and the parties to the suit were directed to maintain status quo. Besides, suit has been dismissed vide judgment dated 01.01.2025 and the status quo granted by the Court below, was extended for the appeal period vide order dated 01.01.2025. It is urged that since parties, all throughout, were directed to maintain status quo, same be continued till the final disposal of the appeal.
4. It is further submitted that the agreement to sell was executed on 10.09.2011 coupled with the execution of the possession
Agreements contravening Section 43 of the Gujarat Tenancy and Agricultural Land Act, 1948, are void and unenforceable, preventing specific performance.
An agreement to sell agricultural land without prior permission from the Collector is void and unenforceable under tenancy laws.
A contract for land sale is unenforceable if executed in violation of statutory provisions, particularly when involving multiple co-owners without their consent.
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 ....
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....
Point of law: Validity of, and effect of S. 52 – Doctrine of lis pendens is based on ground that it is necessary for administration of justice that decision of a court in a suit should be binding not....
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