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Concealment of mortgage vitiates land sale agreement; refund to buyer upheld- SC
Case Law Details
- Case Name
- Moideenkutty Vs Abraham George (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Moideenkutty Vs Abraham George (Supreme Court of India)
Concealment of mortgage vitiates land sale agreement; refund to buyer upheld- SC restores trial court decree
The Supreme Court in set aside the Kerala High Court’s remand order & restored the well-reasoned decree of the trial court directing refund of advance money with interest to the purchaser. The Court held that the High Court committed a serious error in reversing the trial court solely on the basis of a stray sentence in the cross-examination of the plaintiff suggesting prior knowledge of the bank mortgage. The Apex Court fo...
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