NARASAMMA Vs. K V RAMPRASAD

JUDGEMENT

(1.) The main question for consideration in these writ petitions is whether the suits filed by the first respondent for enforcement of the agreements for sale of granted lands without previous permission of the Government under Section 4(2) of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 are liable to be rejected under Order 7 Rule 11(d) of the Code of Civil Procedure?. Brief facts necessary for disposal of these cases are as under:

(2.) The plaintiff has filed objections contending that the defendants have received huge amount towards part of the sale consideration. Applications have already been filed seeking permission of the Government for sale of the properties. It is further contended that prior permission of the Government for entering into agreements to sell is not necessary. The question raised in the applications has to be decided after the trial in the suits. Therefore, the plaints cannot be rejected at this stage.

(3.) The court below has rejected the applications primarily on the ground that the question raised in the applications has to be established by the plaintiff by leading evidence. It is only after the trial, the Court can decide the enforceability of the contract. The petitioners have called in question the validity of the said orders in these writ petitions.