Gujarat High Court imposes ₹25,000 costs on persons opposing sale of a shop to Muslim man in Hindu locality

The Gujarat High Court recently imposed ₹25,000 costs on ten persons who raised objections to a Hindu man selling off his shop to a Muslim man in a Hindu dominated locality [Farhan Tasaddukhussain Barodawala vs Onali Ezazuddin Dholkawala]..Single-judge Justice Biren Vaishnav said it was disturbing to note that a purchaser was being disallowed from enjoying a property which he had successfully purchased."It is a disturbing factor that a successful purchaser of property in a disturbed area is being hounded and thwarting his attempt to enjoy the fruits of the property which he successfully purchased," the judge said while imposing costs of ₹25,000 on the petitioners and civil applicants, who sought impleadment in the proceedings. .The shop was purchased by a Muslim man from a Hindu person in a predominantly Hindu area in Vadodara district. The petitioner before the court were witnesses, who had signed the sale agreement between the parties in 2020. However, they now objected to the sale on the ground that they were coerced to sign the sale agreements. Initially, this sale was also objected to by the Collector and police authorities on the ground that such sale was likely to affect the balance in the majority Hindu and minority Muslims and could develop into law and order problem. However, the High Court had, on March 9, 2020, dismissed the said objections. The Court had then opined that what is to be seen is whether the sale was for a fair consideration and with free consent as provided under the Gujarat Prohibition of Transfer of Immovable Property and provisions of Tenants from Eviction from Premises in Disturbed Areas Act, 1981. .The present issue arose after the March 2020 judgment, when the transaction was to be registered with the sub-registrar, wherein the petitioners alleged that they were coerced to put their signatures on the sale documents. Apart from this, another civil application was filed by a group of over 10 shop owners, who had their shops just next to that of the shop purchased by the Muslim man. However, Justice Vaishnav, dismissed the review petitions with costs. .Advocates Jayraj Chauhan and Alkesh N Shah appeared for the Petitioners.Advocate MTM Hakim represented the Purchaser. Assistant Government Pleader Dharitri Pancholi represented the Authorities. .[Read Order]