Supreme Court · 2017 INSC 1170 · Decided 5 December 2017
Balwant Vithal Kadam v. Sunil Baburaoi Kadam
- Court
- Supreme Court of India
- Citation
- 2017 INSC 1170 · [2017] 12 S.C.R. 44
- Case number
- CIVIL APPEAL No. 6069/2008
- Decided
- 5 December 2017
- Bench
- ABHAY MANOHAR SAPRE, NAVIN SINHA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136; Transfer of Property Act Section 54
Headnote
Maharashtra Cooperative Societies Act, 1960 - s.48 - lf applicable - Agreement to sell between respondent-plaintiff and appellants-defendants to purchase l//21h share of appellants in the suit land - Earnest money paid by respondent to the appellants - However, dispute arose between the parties - Suit filed by respondent seeking specific performance, dismissed - First appeal filed by respondent, allowed - Second appeal filed by appellant in High Court was dismissed - Plea of D appellant that the agreement to sell in question amounted to an alienation or transfer in contravention of
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