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.