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february 1967

Supreme Court of India · 1967-02-06

R. SANTHANKUMAR NADAR vs INDIAN BANK LTD., MADRAS & ORS.

Citation / case number
SC 1965/207
Court
Supreme Court of India
Petitioner
R. SANTHANKUMAR NADAR
Respondent
INDIAN BANK LTD., MADRAS & ORS.
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court held that under Section 69(2) of the Transfer of Property Act, notice for payment of mortgage money can be given to the mortgagor, and since the appellant purchased only a portion of the mortgaged property, he was not entitled to a separate notice. The Court ruled that the appellant, being aware of the mortgage's power of sale and without evidence of fraud, had no grounds for complaint regarding the sale to the bank. Additionally, Section 51 of the Act was deemed inapplicable to the appellant as he could not have reasonably believed he was absolutely entitled to the property purchased.

R. SANTHANKUMAR NADAR vs INDIAN BANK LTD., MADRAS & ORS. · Niyam