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    <title>1981 (12) TMI 163 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=168420</link>
    <description>Section 53A protection requires a concluded written contract, possession in part performance, an act unequivocally referable to that contract, and readiness and willingness to perform; mere continued possession by an existing mortgagee and pre-contract or equivocal payments do not satisfy part performance, so the redemption suit remained maintainable. A court auction purchaser claiming through attachment before judgment cannot enlarge the mortgagor&#039;s rights beyond the subsisting equity of redemption; where the mortgagor had already conveyed that equity to a subsequent purchaser before the auction, the auction sale did not transfer it. On the facts, the subsequent purchaser&#039;s redemption rights were restored, while the auction purchaser&#039;s claim was confined to the monetary charge directed in his favour.</description>
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    <pubDate>Tue, 15 Dec 1981 00:00:00 +0530</pubDate>
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      <title>1981 (12) TMI 163 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=168420</link>
      <description>Section 53A protection requires a concluded written contract, possession in part performance, an act unequivocally referable to that contract, and readiness and willingness to perform; mere continued possession by an existing mortgagee and pre-contract or equivocal payments do not satisfy part performance, so the redemption suit remained maintainable. A court auction purchaser claiming through attachment before judgment cannot enlarge the mortgagor&#039;s rights beyond the subsisting equity of redemption; where the mortgagor had already conveyed that equity to a subsequent purchaser before the auction, the auction sale did not transfer it. On the facts, the subsequent purchaser&#039;s redemption rights were restored, while the auction purchaser&#039;s claim was confined to the monetary charge directed in his favour.</description>
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      <pubDate>Tue, 15 Dec 1981 00:00:00 +0530</pubDate>
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