Ashokbhai Madhubhai Patel vs Madhubhai Jagubhai Patel

Headnote AI-drafted · Reviewed and approved

The appellant-plaintiff filed a suit seeking declaration that a registered Sale Deed dated 16.03.2022 executed by defendant Nos. 1 to 4 in favour of defendant Nos. 5 to 11 be declared null and void and not binding upon him, and for specific performance of Agreements to Sell dated 01.02.2007 and 16.07.2007 in respect of land bearing Survey No. 107, Block No. 133 admeasuring 17402 sq. mtrs. situated at Palanpore, Taluka Adajan, District Surat. The defendants moved applications under Order VII Rule 11(a) and (d) of the Code of Civil Procedure for rejection of the plaint on the ground that the disputed property was new tenure land and could not be sold or alienated without prior permission of the Collector under Section 43 of the Tenancy Act.

The Trial Court accepted the defendants' contention and dismissed the suit holding that the agreements to sell were illegal and invalid as the property was hit by the provisions of Section 43 of the Tenancy Act, and that a suit for specific performance based on such an agreement was not maintainable in light of the Full Bench decision of the Gujarat High Court. The appellant challenged this order by way of a First Appeal under Section 96 of the Code of Civil Procedure, 1908.

The High Court of Gujarat was called upon to examine whether the Trial Court was justified in rejecting the plaint under Order VII Rule 11 of the Code of Civil Procedure on the ground that the subject land being new tenure land, any agreement for its transfer without Collector's permission under Section 43 of the Bombay Tenancy and Agricultural Lands Act was void and thus the suit for specific performance was not maintainable.

Catchwords: rejection of plaint · Order VII Rule 11 CPC · specific performance · agreement to sell · new tenure land · Section 43 Tenancy Act · Collector's permission · prohibited tenure · sale deed · null and void · alienation · agricultural land