Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

Non Agriculturist cannot purchase land in Himachal Pradesh - SC

07 May 2024 8:19 AM

By: Admin


Supreme Court observed in the recent judgement (AJAY DABARA VS SUNDER SINGH & OTH. D.D 31 JAN.2023) that appellant seeks condonation of delay but failed to explain the delay satisfactorily. The only reason assigned was insufficient funds to pay the court fee, which was not deemed sufficient as the appellant was an affluent businessman.

The plaintiff has filed two appeals to the court regarding the dismissal of his suit for specific performance of a contract between the defendant and a company called M/s Himalayan Ski Village Pvt. Ltd. for the sale of agricultural land in Himachal Pradesh. The suits were filed for two different plots of land and were both dismissed due to delay. The common challenge in the appeals is against an order by the High Court of Himachal Pradesh that dismissed the delay condonation applications under Section 5 of the Limitation Act, 1963. The order found that the reasons for condoning the delay of 254 days were not sufficient. The plaintiff argues that the delay should have been condoned and his appeal should have been heard on its merits.

Supreme Court observed that Appellant seeks condonation of delay but failed to explain the delay satisfactorily. The only reason assigned was insufficient funds to pay the court fee, which was not deemed sufficient as the appellant was an affluent businessman. The court fee can be paid within the time given by the court even if the appeal is deficient, as per Section 149 of the Civil Procedure Code, 1908. Section 149 of CPC acts as an exception or a proviso to Section 4 of the Court Fees Act, 1870.

Further observed that the provision of Section 4 of the Court Fees Act was deemed rigorous, leading to the insertion of Section 522-A in the old Code of Civil Procedure of 1882, which allows for a memorandum of appeal or application to be considered valid if presented within the proper period of limitation, even if it is insufficiently stamped due to a mistake by the appellant.

The case involved M/s. Himalayan Ski Village Pvt. Ltd. entering into an agreement to purchase agricultural land in Himachal Pradesh from an agriculturist/landowner. Under the Himachal Pradesh Tenancy and Land Reforms Act, 1972, only an agriculturist, defined as a landowner who personally cultivates their land, can purchase land in the state. A non-agriculturist can only purchase with the prior permission of the state government. M/s. Himalayan Ski Village was a private company, not an agriculturist, and therefore could not purchase the land. The defendant assigned their rights to the plaintiff, who later filed a suit for specific performance. The case was ultimately dismissed by the High Court due to insufficient grounds for condonation of delay in filing the appeal, and on merits. The assignment in the present case is invalid due to the lack of prior consent or approval from the seller. As a result, the plaintiff is not eligible for a decree of Specific Performance.

Section 118 of the 1972 Himachal Pradesh Tenancy and Land Reforms Act is designed to protect small-scale agriculturists. The transfer of land in Himachal Pradesh to a non-agriculturist is restricted and can only occur with the permission of the state government. In the present case, such permission was not granted. Assigning rights to an agriculturist for non-agricultural purposes would defeat the purpose of the act and be against its intended aim of protecting small agricultural holdings and preventing the conversion of agricultural land.

Appeals stand dismissed. 

AJAY  VS DARBARA CIVIL

Latest Legal News