Supreme Court · 2018 INSC 289 · Decided 28 March 2018
P. Meenakshisundaram v. P. Vijayakumar & ANR.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 289 · [2018] 6 S.C.R. 667
- Case number
- CIVIL APPEAL No. 3353/2018
- Decided
- 28 March 2018
- Bench
- UDAY UMESH LALIT, R. BANUMATHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Specific performance: Appellant had mortgaged the suit property with a bank and the bank had initiated recovery proceedings - Meanwhile, appellant entered into a sale agreement to sell the suit property to respondent no.1 and pursuant thereto, respondent no.1 made some payments also - and respondent no.1 filed suit for specific performance - Trial Court held in favour of respondent no.1 and directed appellant to execute sale deed - High Court dismissed the appeals holding that appellant had not disclosed about the existence of encumbrance which came to the
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