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
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)