Supreme Court · 2019 INSC 555 · Decided 23 April 2019
Dharmaji Shankar Shinde and Others v. Rajaram Shripad Joshi (Dead) Through LRS. and Others
- Court
- Supreme Court of India
- Citation
- 2019 INSC 555 · [2019] 6 S.C.R. 257
- Case number
- CIVIL APPEAL No. 7448/2008
- Decided
- 23 April 2019
- Bench
- R. BANUMATHI, R. SUBHASH REDDY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 58(c)
Headnote
Deeds and Documents - 'Mortgage by conditional sale' or 'Sale with a condition to repurchase' - Respondents-plaintiffs case was that the suit property was mortgaged by their father in favour of the predecessor-in-interest of the appellants-defendants for thereto, a Deed (Ex.P-73) was executed by the parties - According to the respondents the said deed was a deed of 'mortgage by conditional sale' with a condition that if the amount is not repaid within a period of five years from the date of execution of the deed, then the same
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