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april 1968

Supreme Court of India · 1968-04-10

JAMBU RAO SATAPPA KOCHERI vs NEMINATH APPAYYA HANAMMANNAVER

Citation / case number
SC 1965/109
Court
Supreme Court of India
Petitioner
JAMBU RAO SATAPPA KOCHERI
Respondent
NEMINATH APPAYYA HANAMMANNAVER
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that an agreement to sell land does not become void merely because it may lead to the purchaser exceeding the ceiling limit under Section 5 of the Bombay Tenancy and Agricultural Lands Act, 1948. The Court clarified that the seller cannot resist enforcement of the agreement on such grounds, and the Civil Court retains jurisdiction to entertain suits for specific performance despite the provisions of Sections 70(mb) and 84C. The appeal was dismissed, affirming the High Court's decree for specific performance.

JAMBU RAO SATAPPA KOCHERI vs NEMINATH APPAYYA HANAMMANNAVER · Niyam