Supreme Court · 1999 INSC 533 · Decided 29 November 1999
Ishwar Dass Jain (Dead) Through L.RS. v. Sohan Lal (Dead) BY L.RS.
- Court
- Supreme Court of India
- Citation
- 1999 INSC 533 · [1999] SUPP. 5 S.C.R. 24
- Case number
- CIVIL APPEAL No. 14987/1996
- Decided
- 29 November 1999
- Bench
- M. JAGANNADHA RAO, M.B. SHAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Evidence Act; Transfer of Property Act
Headnote
Civil Procedure Code, 1908-Sec. JOO-Suit for redemption by mortgagor-Claim of mortgagee that mortgage was a sham document to by­ pass tenancy laws-Mortgagee, claiming to be a tenant paying rent- C Mortgagee also questioning title of the mortgagor-Suit dismissed by Trial Court-Findings of Trial considering vital material-Held, transaction is one of Mortgage-Suit decreed for redemption-Transfer of Property Act, 1882. D Civil Procedure Code, 1908-Section 100-Second Appeal-Findings of fact of trial court-When can be interfered with-discussed ;: Transfer of Property Act 1882-Proof
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)