Supreme Court of India
P. Meenakshisundaram v. P. Vijayakumar & Anr.
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From the headnote
Specific performance: Appellant had mortgaged the s uit property with a bank and the bank had initiated rec overy proceedings – Meanwhile, appellant entered into a sale agreement to sell the suit property to respondent no.1 and pu rsuant thereto, respondent no.1 made some payments also – Thereafte r, dispute arose between the parties and respondent no.1 filed suit for specific performance – Trial Court held in favour o f respondent no.1 and directed appellant to execute sale deed – High Court dismissed the appeals holding that appellant had not disclose d about the existence of encumbrance
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