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december 2017

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.

Balwant Vithal Kadam vs Sunil Baburaoi Kadam · Niyam