governed by Section 43 of the Act. Thus, an agreement to sale is now
covered under Section 43 of the Amendment Act ... authority, more particularly when Sec.
73AA of Bombay Land Revenue Code and Sec. 43 of Bombay
Tenancy and Agricultural Lands Act is applicable
sold, be invalid under
Section 63 of the Tenancy Act, 1948;
(iv) Whether invalidity of agreement under Section
43 or 63 of the Tenancy Act ... undefined
used in Section 42 of the Rajasthan Tenancy Act,
1955 is "void", whereas the word used in Section
43
obtain prior
permission in terms of Section 43 (1) and 43(2) of the Tenancy Act, the
learned Civil Judge upon appreciation of the provision ... sold, be invalid under Section 63 of the
Tenancy Act, 1948;
(iv) Whether invalidity of agreement under Section 43
or 63 of the Tenancy Act
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 ... invalid as per Sec. 43(2) of the said Act. Suffice it to
say that Sec. 43(1) of the Tenancy Act bars even entering
Tenancy Act or any provision of the
Tenancy Act would not apply. Learned advocate Mr.Shah submitted
that neither in Section 43 of the Tenancy ... Tenancy Rules stipulates that such
sanction given under sub-section (1) of Section 43 of the Tenancy
Act shall be deemed to have been cancelled
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 ... when the agreement/transaction was barred
by sub-section (1) of Section 43 of the Tenancy Act and sub-section
(2) of Section 43
competent authority.
CHALLENGE
TO VALIDITY OF SECTION 43
3. Section
43 of the Tenancy Act related to restriction on transfer of land
purchased or sold ... determined
under Section 32G of the Tenancy Act, becomes the owner of the land
under Section 32 of the Tenancy Act. Once the tenant becomes
BEFORE INSTITUTION OF THE SUIT....24
PLAINT BARRED BY SECTION 43 OF THE TENANCY ACT............................31
NO CAUSE OF ACTION....................................................................... 38
LIMITATION ACT...............................................................................39
CONCLUSION ... 43 of the Tenancy Act which reads as under and therefore
43. (1) No land or any interest therein purchased by a tenant under
section
Section 43 for determination of the amount and parameters to exercise
powers to determine the amount, either under Section 43 or under the
Tenancy Act ... determined under Section 32G of the Tenancy Act, becomes the
owner of the land under Section 32 of the Tenancy Act. Once the
tenant becomes
provisions of Gujarat
Tenancy and Agricultural Act, 1948 (hereinafter referred to as the
"Tenancy Act, 1948") especially Section 43 of Tenancy Act ... applicable. It
is respectfully submitted that neither Section 43 nor Section 63 of
the Tenancy Act, 1948, would apply to the facts of the present
