In Section 12 of the Transfer of Property Act (I82 of I82), sections 91 and 118 are sued for specific performance of the contract of sale to the claimant because the mortgagee had a contract to sell with the claimant later with the claimant. Special suit for sale of bargain suit filed for sale, while defendants sued for possession through mortgage release, the trial court filed a specific performance suit, but for redemption. The lawsuit was dismissed, which was filed by the appellate court and the High Court with the seller's validity for sale. Hdy decision was upheld. The payment of the plaintiff's and the sale price was proved by independent and credible evidence that the plaintiff had taken a different position; at one point he held that the land was not exclusively mortgaged with the plaintiff. , While in the appeal, he admitted that the seller had mortgaged the land with the plaintiff.
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