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    <title>2024 (2) TMI 1542 - KERALA HIGH COURT</title>
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    <description>A buyer who paid advance sale consideration was held entitled to a charge on the property under Section 55(6)(b) of the Transfer of Property Act where the sale failed without the buyer improperly refusing completion; the charge claim was timely under Article 62 of the Limitation Act. The personal claim for refund of the advance was separate and was barred because the suit was filed beyond the three-year limitation period applicable to that money claim. The decree was therefore modified to recognise the advance as a charge on the immovable property with interest from the date of suit, while the personal money decree remained rejected.</description>
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    <pubDate>Tue, 27 Feb 2024 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=461383</link>
      <description>A buyer who paid advance sale consideration was held entitled to a charge on the property under Section 55(6)(b) of the Transfer of Property Act where the sale failed without the buyer improperly refusing completion; the charge claim was timely under Article 62 of the Limitation Act. The personal claim for refund of the advance was separate and was barred because the suit was filed beyond the three-year limitation period applicable to that money claim. The decree was therefore modified to recognise the advance as a charge on the immovable property with interest from the date of suit, while the personal money decree remained rejected.</description>
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