JAMBU RAO SATAPPA KOCHERI versus NEMINATH APPAYYA HANAMMANNAVER
Enforcement of an agreement to sell land is not prohibited by the Bombay Tenancy and Agricultural Lands Act even if it results in the purchaser holding land in excess of the ceiling; statutory forfeiture does not invalidate the transfer; civil court remains competent to decree specific performance.
Source-derived case information.
- Parties
- Appellant: Jambu Rao Satappa Kocheilu; Respondent: Neminath Appayya Hanammannaver
- Jurisdiction
- India
- Judgment Date
- 10 April 1968
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment and Decree
- Outcome
- Appeal dismissed
- Legal Topics
- Specific Performance, Land Ceiling, Jurisdiction of Civil Court, Transfer of Agricultural Land
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jambu Rao Satappa Kocheilu
Appellant
Neminath Appayya Hanammannaver
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Decree
Legal Issues
- 1 Whether enforcement of the contract would result in transgression of the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948
- 2 Whether the civil court had jurisdiction to entertain a suit for specific performance of an agreement to sell land
Ratio Decidendi
Enforcement of an agreement to sell land is not prohibited by the Bombay Tenancy and Agricultural Lands Act even if it results in the purchaser holding land in excess of the ceiling; statutory forfeiture does not invalidate the transfer; civil court remains competent to decree specific performance.
Court Disposition
Appeal dismissed
Orders
- Appeal fails and is dismissed with costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment