• APMC leasehold property suit

The suit property is commercial gala at APMC market, Vashi. The said property was purchased from sub lessee and the agreement was executed unilaterally without making sub lessee and APMC as party to the said agreement. 
Whether said execution is amounts to violation of section 33 of APMC MARKET REGULATION ACT 1963? 
The suit was filed by sub lessee and the same was decreed. Appellate court reverse the judgment and dismissed the suit. In second appeal for the first time the said question has been raised by the plaintiff. 
Want judgment of Bombay HC and Supreme Court on the point that
1. agreement executed without making APMC as party to the agreement is legal and does not amount to violation of section 33 OF APMC MARKET REGULATION ACT, 1963? 
2. The issue does not raised in two courts below can be raised for the first time in second appeal before HC? 
3. Whether sub lessee is having any right to sale, transfer the said commercial property with the consent of APMC authority? Want relevant provision and judgment of Bombay HC and Supreme Court, if any.
Asked 4 years ago in Property Law
Religion: Hindu

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4 Answers

1) question of law can be raised at any stage

2)prior consent would have been necessary of lessor for sub lessee to sell the proeprty

3) under section 33 of act every contract has to be signed by chairman or in his absence by VC and 2 committee members

4) contract would not be valid if it is not executed in manner provided under section 33)1) of the act

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Hi, it is requested to elaborate the court matter to provide you the relevant judgments

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

The sub lessee is not an authority to sell his sub-lease to a third party without involving the main lessee and the lessor.

Though the case has been dismissed by the appellate court, in the second appeal the plaintiff cannot raise this new point if he has not pleaded originally on the basis of this observation now raised before the second appellate court.

For appropriate judgments you can browse through indiankanoon.org or lawweb sites in internet.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Provide orders of court.

AND Of course, a question of law can be raised even at the appellate stage

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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