SANJAYBHAI RAICHANDBHAI PATEL Vs. DECD. SHANAJI DEVAJI THAKOR

JUDGEMENT

(1.) Present appeal is filed under Sec. 96 of the Civil Procedure Code, 1908 (for short, hereafter referred to as 'the Code') challenging the order dated 31 st August, 2023 passed by the learned Additional Sessions Judge, City Civil and Sessions Court, Ahmedabad in Civil Suit No.157 of 2022 below Exhs.1 and 22.

(2.) The brief facts leading to this appeal are as under:-

(3.) The application under Order 7 Rule 11(d) of the Code was filed by respondent No.2. Learned advocate for the respondent No.2 submitted that the suit is beyond the period of limitation since, the specific performance of agreement to sell dated 12.11.20211 is sought after a period of 11 years. It is also urged by the learned advocate for the respondent No.2 that the suit is barred by provision of Sec. 43 of the Tenancy Act. It is also submitted that the plaintiff has also averred in the plaint that the suit land is a new tenure land and the documents in support of the plaint also clearly reveals the fact that the suit land is a new tenure land. The clauses of the agreement to sell also reveal that the land is a new tenure land. Plaint does not show any averments that after the execution of the agreement to sell any steps were taken by plaintiff to convert the land from new tenure to old tenure. Even plaintiff has not averred that defendants were informed to initiate steps to convert the land into old tenure. Thus, the suit is hit by the provision of Sec. 43 of the Tenancy Act. The suit is time barred.