Kokilaben Shaileshkumar Shah vs Kantilal Purshottamdas Patel (Since ... on 20 March, 2026
9.2 It is next submitted that for a valid contract the
requirements namely lawful consideration, lawful object and
not expressly declared void are crucial. If invalidity is
attached, the transaction is deemed to be declared as void.
Reference is made to the judgment in the case of G.T. Girish
vs. Y Subba Raju and Anr. (supra) . It is submitted that if the
agreement is hit by law no other things are required to be
seen. The judgments cited of passing the conditional decree,
is distinguished on the ground that the agreement is not hit
but, the ultimate transaction solicited by enforcement of
agreement might be hit, if no permission is taken. Therefore,
bar of section 63 of the Tenancy Act, 1948 is rightly answered
in favour of the defendants.