Supreme Court of India · 2017-12-05
Balwant Vithal Kadam vs Sunil Baburaoi Kadam
- Citation / case number
- AIR 2018 SUPREME COURT 49
- Court
- Supreme Court of India
- Petitioner
- Balwant Vithal Kadam
- Respondent
- Sunil Baburaoi Kadam
- Author
- Abhay Manohar Sapre
- Bench
- Navin Sinha, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the defendants' appeal, affirming the lower court's decree for specific performance of agreements dated 11.10.1982 and 11.04.1983, despite the defendants' claim that Section 31 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act barred such performance. The Court ruled that the agreements were valid and enforceable, rejecting the defendants' arguments regarding the applicability of the Act. Consequently, the appeal was dismissed, affirming the lower courts' decisions in favor of the plaintiff.