Supreme Court · 1965 INSC 281 · Decided 7 December 1965
P. L. Bapuswami v. N. Pattay Gounder
- Court
- Supreme Court of India
- Citation
- 1965 INSC 281 · [1966] 2 S.C.R. 918
- Case number
- CIVIL APPEAL No. 798/1963
- Decided
- 7 December 1965
- Bench
- P.B. GAJENDRAGADKAR, K.N. WANCHOO, V. RAMASWAMI, P. SATYANARAYANA RAJU (4-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Transfer of Property Act Section 58(c)
Headnote
v. N. PATIAY GOUNDER December 1, 1965 [P. B. GAJENDRAGADKAR, C.J., K. N. WANCHOO, V. RAMASWAMI AND P. SATYANARAYANA RAJU, JJ.) Transfer of Property Act, 1882, s. 58(c)-Distinction between mort­ gage by conditional sale and a sale with a clause for repurchase. A B M executed a document contained a stipulation that the defendant should reconvey the property to M on his repaying the amount of Rs. 4,000/ - after five years and before the end of the, seventh year. After M's death his sons executed an assign­ ment deed in favour of the plaintiff in August 1950 for a sum of Rs.
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