PREMIBEN DURLABHBHAI PATEL Vs. SUMANBHAI PREMABHAI PATEL (DHODIA)

JUDGEMENT

(1.) THE present Second Appeal has been filed by the Appellant -original Defendant under Section 100 of Code of Civil Procedure raising the following substantial questions of law:

(2.) WHETHER the Civil Court would have jurisdiction to pass decree of specific performance of an agreement to sale which is a void agreement in terms of Section 43 of Bombay Tenancy and Agricultural Lands Act?

(3.) WHETHER the Civil Court would have jurisdiction to entertain the suit of specific performance in anticipation of post facto permission at the end of the revenue authority, more particularly when Section 73AA of Bombay Land Revenue Code and Section 43 of Bombay Tenancy and Agricultural Lands Act is applicable to the facts and circumstances of the case?