Agreement to Sell in respect of Bank Mortgaged property is valid - Subsequent Purchaser is entitled to Impleading

Citation 

AIROnline 2023 MAD 56

2023(1) LW 517

Madras High Court

S. S. SUNDAR , J. and SATHI KUMAR SUKUMARA KURUP , J.

AS. No. 355 of 2014 D/- 2 - 2 - 2023

V. Dhanasekaran and Ors. v. A. Krishnamurthy [Died] and Ors.

(A)Specific Relief Act (47 of 1963), S.20 - Suit for specific performance - Agreement for sale of mortgaged property - Genuineness - As per agreement, vendee was required to pay agreed amount to Bank towards discharge of mortgage and to get documents of title for themselves

- Remaining amount was agreed to be paid within stipulated time - There were endorsements acknowledging receipt of payment and also for extending time for performance - Execution of

agreement was not in dispute - Agreement for sale, held, genuine.  (Paras 35 , 36) 

(B)Specific Relief Act (47 of 1963), S.20 - Agreement to sell mortgaged property - Mutuality - Parties at time of entering into suit agreement were of view that total amount due to bank towards discharge of mortgage loan was less but amount that was payable was more than actual

consideration agreed under agreement - Held, agreement suffered from serious infirmities and uncertainty or lack of mutuality. Doctrines - Doctrine Of Mutuality - Applicability Doctrine Of

Mutuality - Applicability"

2006 AIR SCW 6320-Followed