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of <h1>Court affirms mortgage deposit order, nullifies decree, emphasizes specific performance, highlights fairness and agreement adherence.</h1> <h3>K. Kalpana Saraswathi Versus P.S.S. Somasundaram Chettiar</h3> The High Court affirmed the direction for the appellant to deposit the mortgage amount within a specified time but vacated the default clause. The court ... - Issues:1. Specific performance of agreement to sell a property.2. Validity of direction to deposit money into court within a specified time.3. Dispute over extension of time for deposit and adjustment of mortgage amount.4. Equitable relief in the context of specific performance.5. Nullification of mortgage decree obtained by the appellant.6. Decision on allowing appellant to deposit the amount due with conditions.Analysis:1. The case involved a dispute regarding the specific performance of an agreement to sell a property between the appellant-plaintiff, a woman, and the respondent-defendant, a wealthy man, with whom she had an intimate relationship. The respondent agreed to sell his mansion to the appellant, subject to an equitable mortgage. Litigation arose when the appellant failed to deposit the required amount into court within the specified time, leading to various legal proceedings.2. The trial court decreed the suit for specific performance, directing the appellant to deposit the mortgage amount plus an additional sum within a specified time. The High Court affirmed the direction to make the deposit but vacated the default clause, which would result in dismissal of the suit for non-payment within the time limit, considering it a preliminary decree under the Specific Relief Act.3. The appellant sought an extension of time for deposit through interlocutory applications, which were denied by the court. The court eventually passed a judgment for recession of the contract for sale and delivery of possession with mesne profits, emphasizing the equitable nature of specific performance and the need for equity in seeking such relief.4. The court highlighted the appellant's actions regarding the assignment of the mortgage as inconsistent with the agreement to sell, leading to a nullification of the mortgage decree obtained by her. The court emphasized the importance of equity in specific performance cases and the need for parties to act in good faith to ensure justice.5. The court directed the appellant to deposit the amount due under the agreement within a specified time, along with an undertaking to give up all rights under the mortgage decree obtained earlier. Failure to comply with these conditions would result in the dismissal of the appeal with costs, indicating the court's emphasis on fairness and adherence to the terms of the agreement.6. The court's decision to pass a conditional decree reflected the balance between granting relief to the appellant and ensuring equity in the specific performance of the agreement. The court's approach aimed at achieving justice while maintaining a concise and efficient legal process, considering the complexities of the case and the need for a fair resolution.
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