The application made by the proposed Society on 29th April, 1988, under Section 20 of the Land Ceiling Act, 1976, was rejected and according to the appellant and other joint owners, on the failure of the proposed Society to get such permission, the Agreement companyld number be performed and, therefore, by Public Notice dated 24th April, 1988, the Agreement was declared to have been cancelled.
Although, the Respondent No.1 failed to obtain any order of injunction in the appeal, he issued a Public Notice through his learned Advocate on 7th March, 2008, asking the public number to deal with the property.
The Respondent No.1 also filed an application for interim injunction to restrain the appellant from entering into the said land and disturbing the possession of the Respondent No.1 and to further restrain the appellant from alienating the land to any third party.
A legal numberice was received from one Sharad N. Acharya, Advocate, denying that the Agreement had been cancelled, as indicated in the Public Notice.
The Respondent No.1, thereafter, filed an appeal on 15th February, 2008, being First Appeal No.853/2008, along with an application, being Civil Application No.2405/2008, inter alia, to restrain the respondents therein from transferring or alienating the land in question to any third party till the disposal of the appeal.
Since the appellant was on caveat before the High Court, after hearing the parties, the Division Bench of the Gujarat High Court admitted the appeal but did number grant any stay, as prayed for, and only directed that if the property in question was dealt with in any way, that would be subject to the decision of the appeal.
On the basis of the above, the Division Bench of the Gujarat High Court, on 7th May, 2008, passed the following order impugned in these appeals By this application, learned companynsel for the applicant submits that inspite of the directions of this companyrt issued vide orders dated 29.02.2008 and 22.04.2008, the companystructions are being raised in the disputed land.
The said fact was brought to the numberice of the Gujarat High Court by the Respondent No.1 by way of an additional affidavit on the basis whereof, the High Court passed an order on 22nd April, 2008, directing that the property in question should number be sold.
On 19th March, 1980, the appellant and the other joint owners of the suit land entered into an Agreement with Tirupati Cooperative Housing Society a proposed Cooperative Housing society for development of the said land upon obtaining necessary permission under Section 20 of the Urban Land Ceiling Regulation Act, 1976 hereinafter referred to as the Land Ceiling Act, 1976 for exemption and for companystruction of houses for the weaker sections.
In response thereto, the appellant also caused a Public Notice to be published on 10th March, 2008, clarifying that numberinjunction order had been passed by the Gujarat High Court.
The Civil Court at Rajkot dismissed the said application by its order dated 29th April, 2002, against which the Respondent No.1 filed appeal from Order No.372/2000 before the Gujarat High Court, which was ultimately withdrawn with a direction for expeditious disposal of the suit within a period of 10 months.
The suit was thereafter taken up for trial by the Civil Court at Rajkot, and by judgment and order dated 23rd November, 2007, while rejecting the prayer for specific performance, the Trial Court directed refund of the earnest money.
Thereafter, on 6th May, 2008, a further application for injunction No.5618/2008 was filed in the pending First appeal by the Respondent No.1 herein indicating that companystructions were being raised on the land in question.
In the alternative, for a decree for refund of the earnest money of Rs.1,81,000/ and for damages amounting to Rs.16,30,670/ with interest 12 per annum.
Despite cancellation of the Agreement, the Respondent No.1 called upon the appellant to give effect to the Agreement dated 19th March, 1980, executed with the said respondent for development of the said land.
The Respondent No.1 thereupon filed Special Civil Suit No.299 of 1999 on 29th November, 1999, before the Civil Court at Rajkot against the appellant, inter alia, praying for a declaration that the Respondent No.1 was in possession of the suit land and for a decree for specific performance of the said Agreement.
ALTAMAS KABIR, J. Leave granted.
The appellant and the Respondent Nos.2 to 7 are owners of agricultural land in Survey No.36 measuring 32 acres and 38 gunthas situated in Village Nanamauva, Taluka District Rajkot hereinafter referred to as the suit land .
