Supreme Court · 2008 INSC 1483 · Decided 18 December 2008
C. Cheriathan v. P. Narayanan Embranthiri
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1483 · [2008] 17 S.C.R. 1239
- Case number
- CIVIL APPEAL No. 7400/2008
- Decided
- 18 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 58(c)
Headnote
Deeds and Documents - Conveyance deed - Interpretation of - Held: Intention of the parties must be gathered from the document itself but therefor circumstances c attending thereto would also be relevant; particularly when relationship between the parties is in question - For said purpose, all entirety - On facts, the deed in question was an absolute conveyance with condition of repurchase and not a mortgage with D conditional sale - Transfer of Property Act, 1882 - s.58(c). The question which arose for consideration in the ? present appeal was as to whether the deed in question
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