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Ravi Kandhari vs. Smt. Nabbu @ Narbada & Ors.

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Rajasthan Tenancy Act, 1955–Sec. 42–Specific Relief Act, 1963–Sec. 12–Code of Civil Procedure, 1908–Order 7, Rule 11–Applicability–Suit for specific performance of agreement–Specific stipulation in the agreement that the land in question would first be converted from agricultural to non-agricultural use through due process of law, and only thereafter, would the transfer in favour of the appellant, take effect–Transaction is of a conditional and executory nature, hinging upon a lawful event, namely the grant of conversion by the Competent Authority–Statutory bar contained u/s. 42 of RT Act cannot be invoked to defeat the suit at the threshold–Impugned order passed on application under Order 7, Rule 11 is set aside and application is revived for consideration on order grounds.