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SUNITA AGARWAL, ASHUTOSH SHASTRI, HEMANT M. PRACHCHHAK
DECD Shaikh Ismailbhai Hushainbhai Through Lh. – Appellant
Versus
Vankar Ambalal Dhanabhai – Respondent
JUDGMENT :
(Sunita Agarwal, CJ.)
| INDEX | |
| Sr.No. | Particulars |
| 1 | Questions Referred to the Larger Bench |
| 2 | Preface |
| 3 | Framing of the Question of Reference |
| 4 | The issues raised before the Larger Bench |
| 5 | Arguments of second set of learned advocates for the defendants |
| 6 | Arguments of first set of learned advocates for the plaintiffs |
| 7 | Rejoinder by learned advocates of the second set, for the defendants |
| 8 | Stand of the State Government |
| 9 | Analysis |
| 10 | Our Opinion of Concurrence |
| 11 | Dealing with the specific arguments of the first set of learned advocates for the vendee |
| 12 | Effect of Sections 84C,85 and 85A of the Tenancy Act, 1948 |
| 13 | Enforceability of the agreement hit by Section 43 of the Tenancy Act |
| 14 | Object and scope of Order VII, Rule 11 of the Code of Civil Procedure |
| 15 | Conclusion |
1. The present reference has been placed before this Bench under an order dated 13.01.2023 passed by the then Hon’ble the Chief Justice.
2. By order dated 13.12.2022 in Second Appeal No. 208 of 2021, the followi
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 agricultural land without prior permission from the Collector is void and unenforceable under tenancy laws.
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....
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 ....
A suit for specific performance based on an invalid agreement under Section 43 of the Tenancy Act, 1948 is not maintainable.
An agreement to sell agricultural land without prior permission from the Collector is invalid and unenforceable under the Tenancy Act.
Agreements for the sale of new tenure land without prior permission from the Collector are unenforceable under Section 43 of the Tenancy Act, and parties cannot claim relief for illegal agreements.
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