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    <title>1964 (8) TMI 92 - KARNATAKA HIGH COURT</title>
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    <description>An agreement of sale is not void under Section 23 of the Indian Contract Act, 1872 unless its object is illegal, expressly or impliedly prohibited, or its performance necessarily requires disobedience to law; a merely possible unlawful result is insufficient. On the facts discussed, the tenancy ceiling provisions did not prohibit the agreement itself, lawful performance remained possible, and the contract was therefore treated as enforceable. The Civil Court was also considered competent to decide enforceability in a specific performance suit before any actual transfer or acquisition occurred, since the statutory authority&#039;s jurisdiction arose only after such an event. The analysis further notes that abandonment had to be proved by the defendant and was not established on the evidence.</description>
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    <pubDate>Thu, 20 Aug 1964 00:00:00 +0530</pubDate>
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      <title>1964 (8) TMI 92 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=288708</link>
      <description>An agreement of sale is not void under Section 23 of the Indian Contract Act, 1872 unless its object is illegal, expressly or impliedly prohibited, or its performance necessarily requires disobedience to law; a merely possible unlawful result is insufficient. On the facts discussed, the tenancy ceiling provisions did not prohibit the agreement itself, lawful performance remained possible, and the contract was therefore treated as enforceable. The Civil Court was also considered competent to decide enforceability in a specific performance suit before any actual transfer or acquisition occurred, since the statutory authority&#039;s jurisdiction arose only after such an event. The analysis further notes that abandonment had to be proved by the defendant and was not established on the evidence.</description>
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      <pubDate>Thu, 20 Aug 1964 00:00:00 +0530</pubDate>
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