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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 :
Sangeeta K. Vishen, J.
Order in First Appeal:
Heard Mr Mehul S. Shah, learned Senior Advocate with Mr Jenil M. Shah, learned advocate for the appellants and Mr Rustom R. Marshall, learned Senior Advocate with Mr Daifraz Havewalla, learned advocate for the respondents.
Admit. Mr Daifraz Havewalla, learned advocate waives service of notice of admission on behalf of the respondents.
Registry is directed to call for the record & proceedings together with the paper-book from the concerned Court, so as to reach this Court on or before 16.04.2025.
Order in Civil Application:
Captioned application is seeking direction to maintain status quo pending hearing and final disposal of the captioned First Appeal.
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 a
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 ....
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