VidhiSangh

Supreme Court of India · 05/12/2017

BALWANT VITHAL KADAM versus SUNIL BABURAOI KADAM

[2017] 12 S.C.R. 44 · 2017 INSC 1170

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Summary

The Court upheld specific performance of land-sale agreements, distinguishing an agreement to sell from a completed transfer for the claimed cooperative-law bar. It preserved the supported readiness-and-willingness finding and refused belated mixed factual and legal challenges on limitation, fragmentation and alleged loan security.

Issues

  1. Whether the agreements themselves constituted transfers barred by the cooperative statute.
  2. Whether the supported factual findings and newly raised defences could be revisited at later appellate stages.

Held

Result

Appeal dismissed; specific-performance decree and High Court decision upheld. Newly raised fragmentation and loan-security pleas were not adjudicated on their merits.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 44.