In Brief
The respondent sued for specific performance of two agreements dated 1982–83 to purchase a 1/12th share of agricultural land for Rs. 10,000. The Trial Court dismissed the suit, but the first Appellate Court allowed it and decreed specific performance. The defendants appealed to the High Court, which dismissed their second appeal. The Supreme Court upheld this, holding that an agreement to sell does not violate Section 48 of the Maharashtra Co-operative Societies Act (which restricts alienations creating interest in land); only a completed sale creates such interest. The Court also barred the defendants from raising the Section 31 issue for the first time before it, as it was never pleaded in lower courts.
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