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State Bank Of India And Anr Through ... vs Mrs. Jayanthi And Ors on 28 May, 2019

In the Judgement of the Division Bench of this Court reported in 2011 (2) CTC 465 - State Bank of India Vs. Jayanthi and others, the facts and issue in that case were more or less similar to the facts of the present case. In that Judgement the Bench had held that when the contract / mortgage has been created for a specific purpose and for a specific loan and the contract is self contained, then the terms and conditions of that contract was binding on both the borrower as well as the Bank mutually. Once the deposit of title deed through which a mortgage deed is created for a specific loan, then the bank cannot exercise general lien as provided under Section 171 of the Contract Act, in respect of that property.
Supreme Court - Daily Orders Cites 0 - Cited by 4 - Full Document
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