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