Supreme Court · 2024 INSC 946 · Decided 19 November 2024
Leela Agrawal v. Sarkar & ANR.
- Court
- Supreme Court of India
- Citation
- 2024 INSC 946 · [2024] 11 S.C.R. 1130
- Case number
- CIVIL APPEAL No. 12538/2024
- Decided
- 19 November 2024
- Bench
- VIKRAM NATH, PRASANNA BHALACHANDRA VARALE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 58(c); Specific Relief Act; Land Revenue Code
Headnote
Whether the mortgage deed dated 17.10.1990 constitutes a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882 and whether the plaintiff is entitled to redeem the mortgage. Transfer of Property Act, 1882 - s.58(c) The dispute centers around a piece of land and the plaintiff-respondent is the undisputed owner of this land - In 1990, the plaintiff in need of funds approached the defendant-appellant and mortgaged the suit land - In pursuant thereto, a mortgage deed dated 17.10.1990 was executed
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