AIR 1978 GUJARAT 208

Gujarat High Court

Hon'ble Judge(s): S. H. Sheth, R. C. Mankad , JJ

(A) Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.4, S.32O, S.63— Person coming into possession of land and cultivating it under agreement of sale - Whether a deemed tenant. S. C. A. No. 1535 of 1967, D/-5-8-1969 (Guj), Overruled. A person entering into possession of a piece of land and cultivating it under an agreement of sale does not become its deemed tenant under S. 4. S. C. A. No. 1535 of 1967, D/-5-8-1969 (Guj), Overruled. (Case law discussed).(Para 13) Merely because a person under an agreement of sale delivers possession of his land to another, the person to whom the possession is delivered, cannot be said to cultivate it necessarily lawfully. In such a case, it is necessary to examine the basic character of an agreement of sale and what it gives rise to. An intending vendor enters into an agreement of sale with his intending vendee with the object of conveying title to the land to him. If intending vendee uses the agreement of sale as a spring board to jump at the tenancy, the very agreement fails because that agreement becomes unenforceable under the Specific Relief Act. Therefore, the transaction which it witnesses also fails. The consideration for which the transaction was entered into also fails. The only known way of enforcing an agreement of sale is by obtaining specific performance th....