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december 1976

Supreme Court of India · 1976-12-07

NARANDAS KARSONDAS vs S.A. KAMTAM & ANR..

Citation / case number
SC 1975/60484
Court
Supreme Court of India
Petitioner
NARANDAS KARSONDAS
Respondent
S.A. KAMTAM & ANR..
Author
A.N. () RAY
Bench
A.N. (CJ) RAY

Judgment text excerpt

The Supreme Court held that under Section 69 of the Transfer of Property Act, 1882, a mortgagor's power of sale, whether through court or not, encompasses the entire legal estate. The Court clarified that such power constitutes an agency coupled with interest under Section 202 of the Indian Contract Act, 1872, and cannot be revoked once acted upon. The Court upheld the appellate court's decision that the auction sale did not extinguish the equity of redemption, as the sale was deemed incomplete and the auction price inadequate.

NARANDAS KARSONDAS vs S.A. KAMTAM & ANR.. · Niyam