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1989 Supreme(SC) 285

R. S. PATHAK, RANGANATH MISRA, SABYASACHI MUKHARJEE
K. Saraswathy Alias K. Kalpana – Appellant
Versus
P. S. S. Somasundaram Chettiar – Respondent


Advocates:
A.T.M.SAMPATH, ABDUL KARIM, M.K.D.NAMBUDIRY, MADHAVAN, N.S.SIVAN, P.N.Ramalingam, RAJENDRA CHAUDHARY, S.BALAKRISHNAN, S.GOVIND SWAMINATHAN, T.S.KRISHNAMURTHY IYER

JUDGMENT

PATHAK, CJI. :— The appellant herein filed Civil Suit No. 18 of 1968 in the High Court for specific performance of a contract to sell the suit property by the respondent herein to her. A question which arose for decision was whether the appellant should discharge the mortgage of the suit property created by the respondent in favour of the South Indian Bank. The High Court held that the appellant was liable to discharge the mortgage and directed her to deposit in Court a sum of Rs. 3,50,000/- with interest for the purpose. The appellant paid the amount direct to the mortgagee. The High Court refused to accept the payment made directly to the mortgagee as due compliance with its decree and against that order of the High Court the appellant preferred Civil Appeals Nos. 1993-1994 of 1977. This Court disposed of the said appeals by the following order dated 29 November, 1979.

"We direct that a decree be passed that the Plaintiff- Appellant do deposit within six months from today the entire sum of Rs. 3,45,000/- together with interest due up to date at the rate of 11 per cent, together with an undertaking that she would give up all her rights under the mortgage decree passed in h









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