LAW OF SPECIFIC RELIEF 309
(2) The seller must also take care of the title deeds. The loss of title deeds depreciates the value of the property and damage done to the estate.
(3) To take care means to do what a prudent owner ought to and keep the property in reasonable repair and protect it from injury by trespassers.
(4) The obligation to take care is one collateral to the contract and does not merge in the conveyance. The duty to take care continues even after completion of the sale and the buyer is not responsible for any loss caused by the seller. If the seller neglects his duty, the buyer is entitled to compensation to be deducted from the purchase money; after the completion the buyer may recover damages.
6. S ECTION 55 (1) (G)— M EET OUTGOINGS
(1) It is the duty of the seller to pay what are called under English Law outgoings. In India they include—
(i) Public Charges
(ii) Rent
(iii) Interest
(iv) Incumbrances.
(i) Public charges over
(i) Government Revenue.
(ii) Municipal Taxes.
(iii) Payment charged upon land by Statute either expressly or impliedly by reason of their being recoverable by distress or other process against the land.