9911796707
TMI Blog1997 (4) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... ground that defendant No. 1, which is a trust, had executed a deed of agreement on or about 12th Aug., 1989, whereby it had agreed to execute the registered sale deed on receiving full consideration amount under the agreement. The earnest money of Rs. 2 lakhs was said to have been advanced. But, when the defendant, Hardeodas Agarwalla Trust, failed to perform its part of the contract, a suit for specific performance of the contract was brought against it. 3. The petitioner after appearance has filed the written statement, inter alia, alleging that the suit as filed by the plaintiff is not maintainable inasmuch as the other members of the trust have not been impleaded in the suit. It has been further stated that the suit is otherwise not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce. Thus, it is not legitimate to advance such plea that for the absence of the requisite permission from the authority, the suit is not maintainable. When the trust is itself a defaulting party, it has been strongly contended that the plaint, in fact, disclosed a cause of action and as such there is no merit in the application for throwing the plaint out at the threshold. 7. It is indisputedly true that a plaint without any cause of action, cannot be maintained by the plaintiff and, accordingly, it should be rejected. There could be no quarrel over this position. From the submission of the parties, it appears that when the defendant trust failed to discharge its obligation as per the agreement, dt. 12th Aug., 1989, for the grant of sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p by the defendant. I refer entirely to the grounds set forth in the plaint as the cause of action or, in other words, upon the media which the plaintiff asks the Court to arrive at the conclusion in his favour. Keeping the aforesaid principle in mind if the submissions of the opposite party plaintiff are examined it can indubitably be held that there has been cause of action to vindicate his right. In this case a triable issue has been raised by the plaintiff as to the enforcement of the agreement said to have been executed by the defendants. 9. Mr. Das, learned counsel appearing for the petitioner, has strongly urged that the suit is otherwise not maintainable on account of statutory bar under s. 269UC r/w r. 48L of the IT Act. To a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aw for the time being in force, no registering officer appointed under the Registration Act, 1908 (16 of 1908), shall register any document which purports to transfer immovable property exceeding the value prescribed under s. 269UC unless a certificate from the appropriate authority that it has no objection to the transfer of such property for an amount equal to the apparent consideration therefor as stated in the agreement for transfer of the immovable property in respect of which it has received a statement under sub-s. (5) of s. 269UC, is furnished, along with such document. (2) Notwithstanding anything contained in any other law for the time being in force, no person do anything or omit to do anything which will have the effect of tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 'Ahmedabad Urban Development Area' and the areas comprised in the city of Ahmedabad, as referred to in the notification of the Government of India in the Department of Revenue No. S.O. 835(E) dt. 21st Sept., 1987; (b) before the expiry of 15 days from the date on which the provisions of Chapter XXC come into force in any areas, other than the areas referred to in cl. (a), where the agreement for transfer is entered into before such date; and (c) before the expiry of 15 days from the date on which the agreement for transfer is entered into, in cases covered by cls. (a) and (b)." 10. On a careful reading of the provisions of s. 269UC it appears that it is the duty of either the transferor or transferee in the case of any intendi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority, since the transfer is yet to be made. 12. Therefore, from the totality of the facts and circumstances of the case and on a careful consideration of the submissions made by learned counsel appearing for the parties, I feel that the learned trial Court did not commit any jurisdictional or factual error in rejecting the application under O. 7, r. 11 of the Civil Procedure Code, 1908. Accordingly, I do not find any merit in the revisional application and the same is dismissed but in the circumstances without costs. 13. Heard the learned advocate for the petitioner for prayer of stay of operation of the order. I do not find any merit in such submission. Accordingly, the petitioner's prayer of stay of operation of the order is here ..... X X X X Extracts X X X X X X X X Extracts X X X X
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