Devoo Ambo Patil (Sinc Decd.Thr.Lrs) vs Shri. Hiren Venilal Sevak, Partner Of M/s. Build-Well Developers

Headnote AI-drafted · Reviewed and approved

These Second Appeals arose from a challenge to the judgment and decree dated 15 January 2022 of the District Judge-2, Thane in Regular Civil Appeal No.188 of 2012, wherein the first Appellate Court reversed the Trial Court's dismissal of Special Civil Suit No.454 of 1994 and granted a decree for specific performance of an Agreement for Sale dated 11 January 1988 in respect of agricultural lands bearing Survey No. 62 Hissa No.2 and Survey No. 62 Hissa No.6 at village Ovale, Taluka and District Thane. The first Appellate Court directed the original defendant-vendors to execute a conveyance deed in favour of the plaintiff and restrained them from alienating or creating third-party interests in the suit lands.

The suit property had been sold by the original defendant-vendors to M/s. Everest Land Developers on 13 May 2009 (after dismissal of the suit by the Trial Court in 1998), who was impleaded as Respondent No.10 before the first Appellate Court. Everest subsequently sold Survey No.62 Hissa No.6 to M/s. Harmony Lifestyle Structures Private Limited on 2 August 2012 during the pendency of the first appeal. Harmony was neither impleaded before the Trial Court nor the first Appellate Court but was granted leave by the High Court to file Second Appeal No.353 of 2022 challenging the impugned decree.

The central issues before the High Court included whether the plaintiff was entitled to specific performance of the unregistered agreement for sale dated 11 January 1988 for consideration of Rs.6,41,850/-, the effect of subsequent transfers to third-party purchasers including Everest and Harmony, the applicability of provisions of the Maharashtra Tenancy and Agricultural Lands Act 1948 and Section 230A of the Transfer of Property Act to such transactions, and whether the rights of subsequent purchasers could be affected by the decree for specific performance.

Catchwords: specific performance · agreement for sale · agricultural land · subsequent purchaser · unregistered agreement · Maharashtra Tenancy and Agricultural Lands Act · third party rights · second appeal · impleadment · conveyance deed · permanent injunction · earnest money