P GOPIRATHNAM Vs. FERRODOUS ESTATE PVT LTD

JUDGEMENT

(1.) HEARD the leaned senior counsel for the parties.

(2.) THE defendants in the suit O. S. No. 130 of 1981 have filed this appeal aggrieved by the judgment and decree dated 15. 3. 1991 made in the said suit. In this order, we shall refer to the parties by the ranks as assigned in the suit itself for convenience.

(3.) ON the other hand, Shri G. Subramanian, learned senior counsel representing the plaintiff, submitted that on facts and circumstances of the case, the learned single Judge was justified in granting a decree for specific performance; the provisions of the Tamil Nadu Urban Land (Ceiling and regulation) Act, may not apply to the facts of this case; the plaintiff has established the agreement and and also their readiness and willingness to perform their part of the contract. Having heard the learned counsel for the parties we are of the opinion that the question as to whether the specific performance decree could be granted on the basis of the suit agreement in view of the bar contained in Section 6 of the Act, has to be decided first. Section 6 of the act reads thus: "transfer of vacant land : - No person holding vacant land in excess of the ceiling limit immediately before the commencement of this Act shall transfer any such land, or part thereof, by way of sale mortgage, gift, lease or otherwise until he has furnished a statement under section 7 and a notification regarding the excess vacant land held by him has been published under sub-section (1) of Section 11; and any such transfer made in contravention of this provision shall be deemed to be null and void. "