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july 2010

Supreme Court of India · 2010-07-08

Laxman Tatyaba Kankate & Anr vs Taramati Harishchandra Dhatrak

Citation / case number
AIR 2010 SUPREME COURT 3025
Court
Supreme Court of India
Petitioner
Laxman Tatyaba Kankate & Anr
Respondent
Taramati Harishchandra Dhatrak
Author
Swatanter Kumar
Bench
Swatanter Kumar, B.S. Chauhan

Judgment text excerpt

The Supreme Court upheld the decree for specific performance granted by the First Appellate Court, emphasizing the necessity of obtaining permission under Section 12(c) of the Maharashtra Re-settlement of Project Displaced Persons Act, 1976, and Section 47(2) of the Maharashtra Cooperative Societies Act, 1960. The Court found that the respondent had fulfilled her obligations under the agreement to sell dated 08.01.1991, and the appellants' failure to execute the sale deed constituted a breach of contract. The appeal was dismissed, affirming the lower courts' decisions.

Laxman Tatyaba Kankate & Anr vs Taramati Harishchandra Dhatrak · Niyam