Supreme Court · 2005 INSC 508 · Decided 19 October 2005
Chennammal v. Munlmalalyan and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 508 · [2005] SUPP. 4 S.C.R. 341
- Case number
- CIVIL APPEAL No. 3861/1999
- Decided
- 19 October 2005
- Bench
- ARIJIT PASAYAT, AR. LAKSHMANAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 58(c)
Headnote
B Transfer of Property Act, 1882-Section 58(c)-Mortgage by conditional sale-Sale of one of the mortgaged properties to mortgagee-Reserving a right to repurchase-Right to redeem property within three years reserved specifically-Sale value much less than existing value-Held, the recitals would C a simple mortgage in favour of the appellant for a sum of Rs. 3,000. For securing the due repayment, 3 items of properties were given as security. Since he was unable to discharge the D simple mortgage, on the intervention of Panchayatdars, a deed was executed by Respondent in favour of the
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