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.