Supreme Court of India · 2024-02-15
Babasaheb vs Radhu Vithoba Barde
- Court
- Supreme Court of India
- Petitioner
- Babasaheb
- Respondent
- Radhu Vithoba Barde
- Author
- B.V. Nagarathna
- Bench
- B.V. Nagarathna
Judgment text excerpt
The Supreme Court addressed the interpretation of Section 36A of the Maharashtra Land Revenue Code, 1966, in the context of specific performance of a sale agreement between a tribal and a non-tribal. The Court held that while permission under Section 36A is necessary for the transfer of land, it does not bar the plaintiff from seeking specific performance of the agreement to sell. The Court overturned the High Court's dismissal of the appeal, emphasizing that the requirement for government sanction arises only after a decree for specific performance is granted, thus allowing the plaintiff's claim to proceed.