Supreme Court · 2014 INSC 1026 · Decided 12 November 2014

Embassy Hotels PVT.LTD. v. MIS. Gajaraj & CO. & ORS.

Court
Supreme Court of India
Citation
2014 INSC 1026 · [2014] 14 S.C.R. 603
Case number
CIVIL APPEAL No. 5884/2004
Decided
12 November 2014
Bench
M.Y. EQBAL, SHIVA KIRTI SINGH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Transfer of Property Act Section 60; Specific Relief Act Section 20

Headnote

Specific Performance - Suit for specific performance of an agreement for sale - The suit land earlier morlgaged A B by the owner of the land with the financing Corporation against C a loan - On non-payment of the loan by the owner, the iand sold in courl auction in the suit filed by the upto Supreme Courl - Suit for specific performance dismissed by trial courl, but allowed by High Courl- Held: In view of proviso to s. 60 of Transfer of 0 Property Act, the right to redeem the mortgage got extinguished by the auction sale - The auction sale having attained finality by courl

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