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Dilipbhai Parshottambhai Patel vs The Gujarat Agricultural Produce ... on 3 March, 2026 cites

Himatrao Ukha Mali & Others vs Popat Devram Patil & Another on 20 February, 1998

The above aspect is also dealt with by the Bombay High Court in the case of Himatrao Ukha Mali vs. Popat Devram Patil, AIR 1999 Bombay 10, [supra], wherein it is held that Section 43 imposes a total prohibition or legal bar on alienation of the lands vested in favour of the tenants under the provisions of the Tenancy Act. If an agreement of sale or any instrument in respect of the subject land is executed without taking previous sanction of the Collector under section 43(1) of the Tenancy Act, the said agreement shall be invalid as per Section 43(2) of the said Act. Suffice it to say that Section 43(1) of the Tenancy Act bars even entering into agreement or alienating the land and usage of term 'shall' twice in the section including in the penultimate part of the section reveals mandatory character of the language contained therein and to be interpreted as such and, particularly when the agreement/ transaction was barred by subsection (1) of Section 43 of the Tenancy Act and subsection (2) of Section 43 of the said Act clearly refers such agreement or transfer shall be invalid, the trial court has rightly concluded by not probing into the question of declaration of such transaction/agreement as invalid. The satisfaction of the learned Judge based on the understanding of the language contained in subsections (1) and (2) of Section 43 of the Tenancy Act and the relevant materials on record of the case for not passing the decree as prayed for cannot be said to be in any manner contrary to Page 14 of 18 Uploaded by SATISH C. VEMULLA(HC00206) on Mon Mar 09 2026 Downloaded on : Mon Mar 09 21:06:32 IST 2026 NEUTRAL CITATION C/CRA/449/2024 JUDGMENT DATED: 03/03/2026 undefined law warranting any interference by this Court in exercise of powers under Articles 226 and 227 of the Constitution of India.
Bombay High Court Cites 12 - Cited by 14 - B H Marlapalle - Full Document
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