Supreme Court · 2000 INSC 116 · Decided 2 March 2000

Mushir Mohammed Khan (Dead) BY LRS. v. SMT. Sajeda Bano and ORS.

Court
Supreme Court of India
Citation
2000 INSC 116 · [2000] 2 S.C.R. 65
Case number
CIVIL APPEAL No. 9/1988
Decided
2 March 2000
Bench
S. SAGHIR AHMAD, Y.K. SABHARWAL (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Transfer of Property Act Section 58(c)

Headnote

Transfer of Property Act, 1882-Section 58(c) proviso and (d)-Mort­ gage by conditional sale and usufructuary mortgage-Parties executed three documents-Sale deed, agreement of re-conveyance and a rent note-By sale deed property sold by plaintiff in favour of defendant-By agreement of. re reconveyed on payment of sale price within stipulated time-In tenns of rent note plaintiff paying rent of the property to defendant-True nature of transaction to be ascertained having regard to all documents-Held, the transaction is not a m011gage by conditional sale as the condition of

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