VIJAYBHAI SHAMBHUBHAI PATEL Vs. SUSHILABEN DAYALBHAI

JUDGEMENT

(1.) This First Appeal under Section 96 of the Code of Civil Procedure is at the instance of the original plaintiffs and is directed against the judgment and decree below Exh.31 dated 24.03.2021 passed by the 2nd Additional Senior Civil Judge, Surat in the Special Civil Suit No.274 of 2019, by which, the Court rejected the plaint under Order 7 Rule 11 of the Code of Civil Procedure.

(2.) The appellant instituted the suit seeking for specific performance of the contract based on an agreement to sell dated 30.09.2003. At the time of the execution of the agreement to sell, the subject land was a new tenure land. In other words, the subject land was hit by Section-43 of the Bombay Tenancy And Agricultural Lands Act, 1948. In such circumstances, an understanding was arrived at as stipulated in the agreement to sell that the sellers i.e. the original defendants nos.1 to 6 shall take all necessary steps to get the land converted from new tenure to old tenure and such steps shall be taken by the seller within a period of one year from the date of execution of the agreement to sell. After the said agreement came to be executed in 2003, no action was taken by the parties till 2019.

(3.) It appears that thereafter, the land came to be converted to old tenure vide order dated 29.05.2019. On the very next day, i.e. on 30.05.2019, the original owners i.e. the defendants nos.1 to 6 executed a registered sale-deed of the subject land in favour of the defendant no.7.