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Purchaser obliged to discharge encumbrances as property purchased along with known encumbrances
Case Law Details
- Case Name
- Indian Overseas Bank Vs Assistant Commissioner of Central Excise and service Tax (Madras High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Madras High Court
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Indian Overseas Bank Vs Assistant Commissioner of Central Excise and service Tax (Madras High Court)
Madras High Court held that once the purchaser has purchased the property even after knowing about the encumbrances then it is his obligation to discharge the encumbrances. The Bank cannot file a writ petition so as to protect the interest of the third party, who has purchased the property knowing the fact that there are other encumbrances.
Facts- The petitioner is the Indian Overseas Bank, Asset Recovery Management Branch. The 2nd respondent had purchased the land and building...





