SEKAR REPORTER

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Cpc G. Surya Narayanan Mhc Advt: Quote provision for the situation:

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[6/17, 12:19] Cpc G. Surya Narayanan Mhc Advt: Quote provision for the situation:

  1. Buyer of lot of greater value entitled to documents
  2. Seller entitled to charge on the property for unpaid purchase money
  3. Buyer to disclose his understanding of sellers interest which the seller is not aware to the belief of buyer and will have material increase in the value of such interest
  4. Buyer to pay purchase money at time of completing sale or can retain purchase money towards encumbrance and pay the amount to person entitled too
  5. Buyer to pay the principal money and interest for the encumbrance subject to which property is sold
    [6/17, 13:39] Cpc G. Surya Narayanan Mhc Advt: 1. Section 55(3) proviso (b)-2010(2) Ctc 751;air 1939 mad 774
  6. Section 55(4)(b)-2004(3) scc 711; 1999(3) scc 573;
  7. Section 55(5)(a)-2018(6) scc 215;1985(3) scc 267
  8. Section 55(5)(b)-1980(4) scc 22; 2011(4) Ctc 139
  9. Section 55(5)(d)- 2003(3) LW 273;2014(4) Ctc 618;
    [6/18, 19:37] Cpc G. Surya Narayanan Mhc Advt: Quote provision for the situation:
  10. Buyer entitled to benefits of improvement, increase in value, rents and profits, if ownership has passed to him
  11. Buyer entitled to charge on property to extent of seller’s interest, for purchase money properly paid in anticipation of delivery and when he declines delivery, for earnest and for costs awarded in suit for specific performance or decree for rescission
  12. Buyer entitled to have mortgage satisfied out of the property or properties not sold, but not to prejudice the rights of mortgagee or person claiming under him who has for consideration acquired an interest in any of the properties
  13. Court after notice to encumbrance, for reasons recorded in writing, record reason to dispense with such notice, declare property freed from encumbrance, make order of conveyance for effecting proper sale, give directions for retention and investment of money into court
  14. Appeal lies from declaration, order or direction under this section as decree
    [6/18, 21:01] Cpc G. Surya Narayanan Mhc Advt: 1. Section 55(6) (a)-Air 1951 Mad 601
  15. Section 55(6)(b)-2004(3) scc 711; 2000(10) scc 130
  16. Section 56- 2011(1) scc 429; 2010(3) Ctc 1
  17. Section 57(2)(b)- 2015(2) Ctc 769; Air 1996 Mad 131
  18. Section 57(2)(d)-2010(5) Ctc 545;
    [6/19, 16:34] Cpc G. Surya Narayanan Mhc Advt: Quote provision for the situation:
  19. Court under section 57 is High Court in its ordinary and extraordinary original civil jurisdiction; district court, any court which state government notifies
  20. Transfer of interest to secure payment of money advanced or to be advanced by way of loan, for existing or future debt
  21. Mortgagor without delivery of property binds himself personally to pay mortgage debt and on failure, mortgagee have right to sell mortgaged property and to apply sale proceeds for the debt
  22. Mortgagor ostensibly sells property on default of payment of mortgage money on certain date sale to become absolute, on such payment sale to become void, on payment made, buyer shall transfer property to seller,
  23. Mortgagor delivers possession authorising to receive rents from property in lieu of interest, till payment of mortgage money
    [6/19, 19:09] Cpc G. Surya Narayanan Mhc Advt: 1. Section 57(2)(e)
  24. Section 58(a)-100 LW 4;2013(7) scc 173
  25. Section 58(b)-2015(5) scc 622;Manu/TN/3160/2020
  26. Section 58(c)-2019(14) scc 103;2019(8) scc 401;
  27. Section 58(d)-2008(5) scc 124;2014(9) scc 185

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