Supreme Court · 1979 INSC 254 · Decided 29 November 1979
K. Kalpana Saraswathi v. P. S. S. Somasundram Chettiar
- Court
- Supreme Court of India
- Citation
- 1979 INSC 254 · [1980] 2 S.C.R. 293
- Case number
- CIVIL APPEAL No. 1993/1977
- Decided
- 29 November 1979
- Bench
- V.R. KRISHNA IYER, R.S. PATHAK (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 28
Headnote
SARASWATIIl v. P. S. S. SOMASUNDRAM CHETIIAR November 29, 1979 [V. R. KRISHNA IYER and R. s. PATHAK, JJ] Specific per/oTJna11ce-lts nature. 293 In 1967 the respondent agreed to sell his house to the. appellant for a sum : Rs. 4 lakhs which then was subject to an equitable mortgage in favour of a of payment and that failure to pay the amount would result in the suit being dismissed. At the time of the agreement the plaintiff paid the whole consideration except the mortgage amount and obtained posses- sion of the house. The plaintiff did not deposit the mortgage amount within the
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