https://www.taxtmi.com/caselaws?id=286482 A contract to execute a mortgage for securing an already advanced loan is specifically enforceable under the Specific Relief Act. A third party's undertaking to provide mortgage security for another's debt is supported by valid consideration where the promise benefits the principal debtor or the creditor forbears recovery, and it operates within the law of guarantee. A member's interest in a co-operative housing flat is transferable enough to be mortgaged notwithstanding society bye-law formalities. A suit for specific performance of the mortgage promise is not defeated by non-joinder of the principal debtor when no relief is sought against him and effective adjudication can be made in his absence. en-us Wed, 23 Jan 1991 00:00:00 +0530 Fri, 28 Feb 2020 15:43:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=286482 A contract to execute a mortgage for securing an already advanced loan is specifically enforceable under the Specific Relief Act. A third party's undertaking to provide mortgage security for another's debt is supported by valid consideration where the promise benefits the principal debtor or the creditor forbears recovery, and it operates within the law of guarantee. A member's interest in a co-operative housing flat is transferable enough to be mortgaged notwithstanding society bye-law formalities. A suit for specific performance of the mortgage promise is not defeated by non-joinder of the principal debtor when no relief is sought against him and effective adjudication can be made in his absence. Case-Laws Indian Laws Wed, 23 Jan 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=286482