Supreme Court of India · 2009-05-15
Bharat Karsondas Thakkar vs M/S. Kiran Construction Co. & Ors
- Citation / case number
- AIRONLINE 2009 SC 506
- Court
- Supreme Court of India
- Petitioner
- Bharat Karsondas Thakkar
- Respondent
- M/S. Kiran Construction Co. & Ors
- Author
- Altamas Kabir
- Bench
- Cyriac Joseph, Altamas Kabir
Judgment text excerpt
The Supreme Court addressed the validity of a lease agreement under the Urban Land (Ceiling and Regulation) Act, 1976, holding that the agreement to sell executed by the Vaitys in favor of Mr. K.L. Danani was enforceable despite the subsequent lease granted by the government. The Court emphasized that the rights of the parties under the agreement were protected under Section 6(1) of the Act, which allows for possession claims. The appeals were allowed, restoring the order of the Single Judge of the Bombay High Court, thereby affirming the enforceability of the original agreement.