Supreme Court of India · 2008-04-09
Bharat Karsondas Thakkar vs M/S Kiran Construction Co. & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 2134
- Court
- Supreme Court of India
- Petitioner
- Bharat Karsondas Thakkar
- Respondent
- M/S Kiran Construction Co. & Ors
- Author
- Altamas Kabir
- Bench
- A.K. Mathur, Altamas Kabir
Judgment text excerpt
The Supreme Court addressed the complexities surrounding land agreements and rights under the Urban Land (Ceiling and Regulation) Act, 1976. It held that the agreements made by the Vaitys with M/s Modern Development Corporation and subsequent transactions were subject to the legal implications of the earlier agreement with K.L. Danani. The Court emphasized the necessity of confirming the absence of conflicting agreements before transferring beneficial interests, thereby reinforcing the principle of good faith in contractual dealings. The appeal was allowed, affirming the lower court's restraint on the Vaitys from transferring the suit lands until the resolution of the disputes.