A. Code of Civil Procedure, 1908 (V of 1908), Section 149 – Court Fees Act, 1870 (7 of 1870), Section 4 – Limitation Act, 1963 (36 of 1963), Section 5 -- Delay in appeal – Condonation of delay – Insufficient funds for court fee – Ground of -- Application for condonation of delay dismissed as insufficient funds could not have been a sufficient ground for condonation of delay -- It would have been entirely a different matter had the appellant filed an appeal in terms of Section 149 CPC and thereafter removed the defects by paying deficit court fees.

(Para 9)

B. Specific Relief Act, 1963 (47 of 1963), Section 16 -- Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of 1974), Section 2(4), 118 – Sale of agricultural land in Himachal Pradesh -- Private company is not an ‘agriculturist’ -- Approval was not given by the State Government and then the Company assigned his right to the plaintiff who thereafter filed the suit for specific performance -- No specific clause in the “Agreement to Sell”, which says that in case the purchaser fails to obtain required permission from the State Government, it could assign its rights to an agriculturist of Himachal Pradesh and the seller therefore would not have any objection in executing the Sale deed in favour of such an assignee -- No question of granting a decree of Specific Performance in favour of the plaintiff – Dismissal of suit upheld.

(Para 11-16)

C. Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of 1974), Section 118 -- Sale of agricultural land in Himachal Pradesh -- Whole purpose of Section 118 of the 1972 Act is to protect agriculturists with small holdings -- Land in Himachal Pradesh cannot be transferred to a non-agriculturist, and this is with a purpose to save the small agricultural holding of poor persons and also to check the rampant conversion of agricultural land for non-agricultural purposes.

(Para 17)