Supreme Court of India
Embassy Hotels Pvt.ltd. v. Mis. Gajaraj & Co. & Ors.
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1 Supreme Court bench has cited this judgment.
From the headnote
Specific Performance - Suit for specific performance of an agreement for sale - The suit land earlier morlgaged by the owner of the land with the financing Corporation against a loan - On non-payment of the loan by the owner, the iand sold in courl auction in the suit filed by the Corporation - Auction sale confirmed 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
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