Ashokbhai Ramcharan Shrivastava vs Dhaniben Mohammedbhai Chauhan

Headnote AI-drafted · Reviewed and approved

The appellant-original plaintiff filed a first appeal under Section 96 of the Code of Civil Procedure, 1908 challenging the order of the 12th Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Vadodara, which allowed an application under Order VII Rule 11(a) and (d) of the Code filed by the original defendants, thereby rejecting the plaint in Special Civil Suit No. 202 of 2010.

The suit arose out of a notarized agreement to sell (Banakhat) dated 22.02.2007 in respect of an agricultural land bearing revenue survey no. 529, Block No. 357, admeasuring 00 Hectare 88 Are 02 sq. mtrs., situated at Village Kapurai, Taluka/District Vadodara — a new tenure restricted tenure land. Defendant no. 6, acting under an irrevocable power of attorney executed by defendant nos. 1 to 5, had agreed to sell the suit land to the plaintiff for Rs. 9,50,000/-, of which Rs. 5,50,000/- was paid. Pending the suit, the original owners sold the land by registered sale deed dated 21.08.2019 to defendant no. 7, prompting the plaintiff to seek amendment of reliefs and impleadment of defendant no. 7.

The plaintiff sought specific performance of the agreement to sell, a declaration that the defendants had no right to deprive the plaintiff of his rights under the Banakhat, and permanent injunction. The trial court rejected the plaint under Order VII Rule 11 of the Code. The High Court took up the first appeal for consideration of the legality and propriety of the impugned order.

Catchwords: specific performance · agreement to sell · Banakhat · Order VII Rule 11 · rejection of plaint · new tenure land · irrevocable power of attorney · agricultural land · Gujarat · first appeal · amendment of plaint · impleadment