[2025:RJ-JD:38756]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 560/2024 Ravi Kandhari S/o Jagdish Kandhari, Aged About 57 Years, Profession Business, R/o House No. 152, Shakti Nagar, Udaipur (Raj)

----Appellant Versus

1. Smt. Nabbu Alias Narbada D/o Shri Bhura Gameti, Age, Major R/o Gametiyo Ka Mohalla, Sisarma, Tehsil Girwa, District Udaipur (Raj)

2. Shri Ramlal S/o Smt. Lali Bai(Father Shri Dhanna Gameti), Age Major, R/o Ratitalai, Hathidhara (Chikalwas) Tehsil Badgaon, District Udaipur (Raj)

3. Shri Tulsiram S/o Smt. Lali Bai (Father Shri Dhanna Gameti), Age Major, R/o Hathidhara (Chikalwas), Tehsil Badgaon, District Udaipur (Raj). At Present R/o Liyo Ka Guda, Post Badi, Tehsil Badgaon, District Udaipur (Raj)

4. Smt. Pushpa D/o Smt. Lali Bai (W/o Shri Kesa Ji Bhil), Aged About 55 Years, R/o Hathidhara (Chikalwas), Tehsil Badgaon, District Udaipur (Raj) At Present R/o Village Gorela (Sisarma), Tehsil Girwa, District Udaipur (Raj)

5. Shri Dhanna Gameti S/o Shri Pema Bhil, Aged About 71 Years, R/o Hathidhara (Chikalwas), Tehsil Badgaon, District Udaipur (Raj)

6. Shri Bhanwar Lal S/o Shri Kagaram Bhil, Age Major, R/o Morvi Ki Naal, District Udaipur (Raj)

7. Shri Mangilal Bhil S/o Shri Kalulal Bhil, Aged About 46 Years, R/o Near Sub Up Stand, Khato Ka Rasta, Dhoinda, Tehsil And District Rajsamand (Raj)

8. Shri Asharam @ Asulal S/o Shri Mohanlal Bhil, Aged About 34 Years, R/o Bhil Basti, Mawli, Tehsil Mawli, District Udaipur, At Present R/o Dewali, Udaipur (Raj)

9. Udaipur Development Authority, Through Commissioner, (Former Udaipur Urban Improvement Trust, Udaipur)

10. Shri Girja Shankar Gupta S/o Shri Manoharlal, R/o Arihant Vihar, Near Power House, Kankroli, Rajsamand. 11. Smt. Rajkumari Agarwal W/o Shri Girjashankar Gupta, R/o Arihant Vihar, Near Power House, Kankroli, Rajsamand. 12. Shri Pramod Kumar S/o Aatmaram Goyal, R/o Shivyan House, Oppo. Shiv Hospital, Mahaveer Nagar, Rajsamand. 13. Shri Suresh Chandra Goryal S/o Krishanlal Goyal, R/o 328- A, Basant Vihar, Behind Aakashwani Colony, Hiran Magri, Sector No. 5, Manvakheda, Udaipur.

14. Shri Jagdish Chandra Agarwal S/o Ghanshyam Agarwal, R/o Jalchakki Road, Kankroli, Rajsamand.

15. Smt. Madhu Agarwal W/o Jagdish Chandra Agarwal, R/o Jalchakki Road, Kankroli, Rajsamand.

----Respondents For Appellant(s) : Mr. G.R. Goyal For Respondent(s) : Mr. S.S. Rajpurohit Mr. Prashant Tatia Mr. Ankit Somani HON'BLE MR. JUSTICE FARJAND ALI

Order

REPORTABLE 28/08/2025

1. The instant Civil First Appeal has been preferred by the appellant against the judgment and decree dated 06.07.2024 passed by the learned Addl. Distict Judge No.4, Udaipur in Civil Suit No.45/2023 whereby the learned Judge allowed the application under Order 7 Rule 11 CPC filed by the respondents No.2 to 5 & 7 and dismissed the suit filed by the appellant-

plaintiff.

2. Briefly stated the facts of the case are that the appellant instituted a civil suit on 03.10.2023 before the District Judge, Udaipur, seeking specific performance of contract against the private respondents for enforcement of agreements to sell dated 24.09.2008 and 16.04.2012. Under these agreements, the respondents had undertaken to execute sale deeds in favour of the appellant, upon obtaining conversion of the subject land from agricultural to non-agricultural use for construction of a resort, and also not to interfere with the appellant’s peaceful possession thereof.

2.1. The appellant contended that the entire consideration, including stamp duty and registration charges, stood duly paid, and deficiencies later pointed out by the Stamp and Registration Department were also discharged by him. In part performance, possession of the land situated in Khata Nos. 89 Paldi, 8 and 10 Naya Paldi, and 117 Naya Hathidhara was delivered to him, whereupon he commenced development for resort purposes. Pursuant to the oral understanding of 2008, the respondents applied for conversion of the land under Section 90-B of the Rajasthan Land Revenue Act, 1956