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Under the Specific Relief Act, 1963, consider these statements. Statement I. A purchaser can compel redemption where a vendor professed to sell unencumbered property, has only the right to redeem…

Question and options

Under the Specific Relief Act, 1963, consider these statements.
Statement I. A purchaser can compel redemption where a vendor professed to sell unencumbered property, has only the right to redeem it, and the mortgage does not exceed the purchase money.
Statement II. A landlord through whom a tenant was in possession may use section 6 against a private party who dispossessed the tenant without consent and outside due process, if suit is filed within six months.
Which statements are correct?

  1. Statement I only.

  2. Statement II only.

  3. Both statements.

  4. Neither statement.

Answer and explanation

Correct answer: C - Both statements.

Section 13(1)(c) permits the purchaser to compel redemption when the vendor professed to sell unencumbered property and holds only the right to redeem the mortgage for an amount within the purchase money. Section 6 includes a person through whom the dispossessed occupier was in possession. A qualifying summary suit must be brought within six months and cannot be brought against the Government.

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